I contracted with a person to paint their house. They paid me $1000 up front, as per the contract. After I had already put in 80 hours of labor, they suddenly informed me I could not continue to work on a ladder on their property unless I obtained insurance that would cover me, in the event I was injured. Their was no discussion of this requirement prior to entering into an agreement, and I in no way suggested I had this insurance. (In fact, I didn't hesitate to answer truthfully when they finally asked me if I had it two weeks into the job.) Since they were fundamentally changing our contract without my agreement, I informed them that they had breached our contract.
After a week they suggested I could complete the job if I signed a waiver freeing them of liability if I was hurt on their property. I declined and told them such things should have been discussed prior to signing the contract. At this point I had lost a full week of work; I no longer trusted them; and I didn't wish to continue working for them. I told them to hire someone else and I would consider the $1000 to be payment for the 80 hours I had already worked for them. They have now informed me that they're filing suit seeking the return of the $1000, plus the difference between my bid and the bid of the painter they subsequently hired. Do they have any chance of success in this matter? Haven't they breached the contract?
After a week they suggested I could complete the job if I signed a waiver freeing them of liability if I was hurt on their property. I declined and told them such things should have been discussed prior to signing the contract. At this point I had lost a full week of work; I no longer trusted them; and I didn't wish to continue working for them. I told them to hire someone else and I would consider the $1000 to be payment for the 80 hours I had already worked for them. They have now informed me that they're filing suit seeking the return of the $1000, plus the difference between my bid and the bid of the painter they subsequently hired. Do they have any chance of success in this matter? Haven't they breached the contract?
