I have hired a painting contractor who in the process of painting has
damaged several areas in my home. The contractor has not addressed
these this damage and wants to deny that it was caused by them. The
project is almost 2/3 done and I have already paid half down. I don't
really feel comfortable letting the painters in my home at this point.
Is there any way I can terminate the contract and get my half down
back (as I said almost 2/3 has been done) or how do I get the
contractor to pay for the damage (small claims court)?
A great deal, I'd imagine.
Spilled paint is the most obvious way in which a painting contractor could
cause damage: to carpets, upholstered furniture, hardwood floors, drapery,
unsealed masonry (e.g. a basement floor), and so on.
Drywall, or anything wooden, glass, or ceramic could be damaged by careless
handling of ladders or other tools.
Hammering the lid back on a paint can, while that can is resting on a hardwood
floor, could leave dents in the floor.
Latex paint slopped inside a live electrical outlet could cause all kinds of
I'm sure if you use your imagination, you could think of dozens of ways a
painting contractor could cause damage.
LOL Trash the carpet and floors and furniture and anything else with paint,
trash the walls and ceilings by beating them with ladders and other equipment,
lot of other stuff limited only by your imagination.
take pictures of the damage and contact his insurance company. You did
require him to provide proof of liability insurance before you started
Since you are now ahead $$ wise I would tell him not to come back until he
addresses the issues. If he says he will sue tell him fine that will give
you the opportunity to counter for the damage that he has caused. If he
threatens to lien the house tell him fine you are not planning on selling
and that once the damage is fixed you will pay!
Depending on where you are, there are many ways to fight back. A contractor
replaced my windows and broke the bricks around every window. I refused to
pay and he sued. I counter sued under the fraudulent business practices law
(Chapter 93a Massachusetts). If I had won, I'd have gotten treble damages.
He immediately dropped his suit against me and I dropped my suit against
him. I got free windows but had to pay $6000 to have the bricks repaired.
The price of the windows was approximately $6000 so it was even. I did have
to pay some small legal fees.
HomeOwnersHub.com is a website for homeowners and building and maintenance pros. It is not affiliated with any of the manufacturers or service providers discussed here.
All logos and trade names are the property of their respective owners.