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Painter tried to defraud on contract

Discussion in 'Consumer Fraud & Scams' started by shing, Jun 7, 2018.

  1. shing

    shing Law Topic Starter New Member

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    The background:
    I contacted the painter based on online reviews to paint the exterior of whole house, he wrote up a proposal right there in front of me, I asked him if the windows were covered, he said yes, and then added the wording "frames windows" to the contract. I accepted the contract.

    I paid him in full with personal check (he refused credit card payment) when the job was done, 2 days later I realized he did not paint the windows as I was trying to open a window. I contacted him he said the windows were not included in the contract, I asked him to read the contract, he then said "frames windows" did not mean "windows". I reminded him of our conversation before the contract was signed, and in the contract the wording "frames doors" was used, and all the doors and door frames were painted. We went back and forth and he kept on denying, eventually I mentioned "my attorney".

    He then wrote: "I quoted you cheap". I mentioned one more time "my attorney...", he wrote back: "we can work this thing out ourselves, this never happened in my 15 years as a painter...". I shoot right back at him: "so you decided to defraud a customer just because she is a Chinese and a Chinese woman?".

    He evetually agreed to come and paint the windows, did not give a date yet saying he is busy.

    My question:
    I think I have been discriminated against and am an intended victim of a fraud by this painter, I don't want him to come to my house or anywhere near me again, can I hire another painter to finish the job and try to be reimbursed by him through small claims court?

    Thank you for advices.
  2. txls

    txls Well-Known Member

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    He has offered to make it right. You did not specify a time-frame for him to make it right. You can TRY to get reimbursed through small claims, but I don't see much chance for success. Then you still have to try and collect if you do obtain a judgement.
    shing likes this.
  3. army judge

    army judge Super Moderator

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    We all have the option to take our minor disputes to small claims court.

    If you hire another painter to do the work for $2,500, you might end up eating the $2,500, too.

    There are no guarantees in life, and no one can predict the outcome of any litigation.

    Here is a "sample" house painter contract you can use to compare to the one you signed:

    PARTIES: Homeowner Full Name, the owner of Address (“Homeowner”), hereby hires Name of Painting Company, a Massachusetts Corporation with a principal office of Painter Address ("Painter")

    WORK TO BE DONE: Painter agrees to paint the exterior of the building located at Address (“the house”) in a professional and high quality manner. Painter will strip off and existing paint that is chipping and apply two coats of new paint to the shingles and all trim. The parties intend that the entire house will be painted as stated above. The Painter will also clean any debris and remove all tools upon completion of the work.

    TOTAL COST: In consideration of Painter’s painting the house, Homeowner will pay to Painter, the sum of $9,000.00 as described below.

    TIME FOR PERFORMANCE: Painter will start the job no later than Start Date (“start date”) and will complete the job on or before End Date (“end date”). The parties agree that if the job is not completed by the end date, Painter will credit homeowner the sum of $100.00 per day from the end date until the job is actually completed.

    SUPPLIES AND TOOLS: Homeowner shall supply, at their cost, all paint to be used on the job based on Painter’s estimate of the quantity of paint needed. Painter shall supply all labor and other equipment needed to complete the job, including sanding tools, brushes, ladders, and anything else deemed necessary by the Painter to do a high quality job.

    SCHEDULE FOR PAYMENTS: Homeowner will pay Painter 1/3 of the amount due in paragraph 3 upon commencement painter’s commencement of the work. Homeowner will pay Painter 1/3 of the amount due upon completion of the first coat on the entire home. Homeowner will make a final payment to Painter of the balance due upon completion of the job and clean up of the work area.

    DISPUTE RESOLUTION: In the event Painter fails to finish the job, and fails to make progress over two (2) consecutive days beyond the end date, Homeowner can terminate this agreement with Painter and engage another Painting Company to complete the job. If the unpaid balance that was to be paid to Painter is sufficient to compensate the new Painting Company, the agreement shall terminate and the parties shall have no further obligations to each other. If the cost to complete the job exceeds the cost estimate by Painter, Painter shall reimburse Homeowner the difference paid by Homeowner.

    WARRANTY: Painter warrants that they will perform the work in a professional and workmanlike manner. Painter further warrants that the paint will last for five years. If cracking or bubbling does occur, Painter will return and make the necessary repairs at no additional cost to Homeowner.

    shing likes this.
  4. zddoodah

    zddoodah Well-Known Member

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    For purposes of any future posts, please note that commas are not all purpose punctuation marks, and using proper punctuation makes it easier for others to read and understand what you write.

    What does that mean? You didn't want him to paint your windows, right?

    Why on Earth would you interject your gender and nationality into this discussion?

    On what basis, and what evidence do you have of discrimination? Do you just assume that anything negative that happens to you is a result of being a woman and/or Chinese?

    You certainly can hire all the painters you want. You also can sue the first guy. Whether you'll win is something that no one on any internet message board can predict. Among other things, it depends on what the written contract says and how each of you testifies in court. It's probably safe to assume that the painter's testimony will be quite different from the story you've told us.
    shing likes this.
  5. mightymoose

    mightymoose Moderator

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    I don't see that you have a discrimination argument to make. You have nothing at all to support it. Race was apparently not an issue until you inserted it yourself.
    You would not succeed in court seeking reimbursement of the cost a second painter would charge without allowing the original painter opportunity to remedy the problem.
    Your best solution is to remain in contact with him and resolve the issue irn your own.

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