painting contractor liened my house

[mmccool719]

Jurisdiction

Ohio

We hired a painter to paint house and guest house for $7,000 and gave him $1,000 down. When he reported the job complete, we wrote a check for $3,300 with balance due upon inspection. Once we saw how poor of a paint job he did (I got lots of pictures to prove it) we stopped payment on check and gave him chance to make it right. Someone came back and fixed 2-3 small issues and left. Then, he hired lawyer to place lien on my house for non-payment when the job is not finished. He actually subbed out the job and did not paint it himself. They used wrong paint type, wrong sheen, only gave us 1 coat when contract called for 2, painted all light switches, door handles, etc. . Never sanded cabinets (as promised) or caulked windows (as promised). The list goes on and on. And he is COMING AFTER ME for $6,000!! What are my rights here and how should I proceed?

 

[army judge]

fWhat are my rights here and how should I proceed?

This could have been avoided, had you not stopped payment on your check.

Why is that relevant?

You should have WITHHELD final payment, rather than issuing a check and placing a stop payment on it.

The lien was likely placed by his lawyer, who'll also be paid by you.

You breached the contract, the less than satisfactory work is no longer the issue.

I suggest you retain the services of a licensed Ohio attorney ASAP.

 

[mmccool719]

so the fact that HE breached the contract by subbing out my job to a day laborer, did not use the paint I asked for among several other items as listed above.......this is all my fault now, right? Quite frankly, the job he left me with was worth far less than the $4,300 he would have gotten had I not covered my ass and stopped the payment. Your answer seemed a little abrupt.

 

[adjusterjack]

Abrupt, maybe. But true. You should never have given him the check for $3300 before inspecting the job. Contractors are more inclined to fix mistakes before you pay them. Now the issue is no longer the job but it's the stop pay.

 

[mmccool719]

You know, come to think of it, the original reason I stopped payment on check was because I made it out to his business name and he wanted it to him personally. So I stopped payment on the check to his business and then never wrote him a new check to his personal name after I saw the job he did. At first he said he would return the original check to me but then somehow convinced bank to deposit it after I stopped payment. I have all of this documented in text messages.

 

[army judge]

so the fact that HE breached the contract by subbing out my job to a day laborer, did not use the paint I asked for among several other items as listed above.......this is all my fault now, right? Quite frankly, the job he left me with was worth far less than the $4,300 he would have gotten had I not covered my ass and stopped the payment. Your answer seemed a little abrupt.

Truth can often be unsettling, and some take it as rude.

If you wish, I could rewrite, sugar coat, and lie to you.

Bottom line, had you not paid, he would never been able to place a lien against your home.

He may have taken you to small claims for the disputed unpaid amount.

Based upon your representations, you had a solid defense, and could have easily convinced a judge that by his actions, the contractor breached.

That would have avoided the lien entirely.

More than likely the contractor needed the money.

He would have made more than few feeble attempts to satisfy you.

If he didn't, then it would be you as the plaintiff, and him as defendant.

However, all is not lost.

You can certainly cross complain, if he carries out his threats.

In your state, his attorney can appear in small claims and is likely to do so.

Why?

To attempt to use you as an ATM to pay the fees the contractor would owe him.

I wish you well, mate.

 

[army judge]

You know, come to think of it, the original reason I stopped payment on check was because I made it out to his business name and he wanted it to him personally.

That is another potential mistake.

You contracted with his business, didn't you, not him personally?

 

[mightymoose]

I agree with the above. Stopping payment was not wise. You should have inspected before issuing payment.
It became a bigger mess as a result.