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Jeff Bello
 
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Default Contractor liability for home damage?

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)?
  #4   Report Post  
SQLit
 
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"Jeff Bello" wrote in message
om...
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)?


What does your contract say about termination?


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  #5   Report Post  
xrongor
 
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Default

dont listen to the armchair coaches on this one. if the damage is enough to
fight for, call a lawyer.

randy

"Jeff Bello" wrote in message
om...
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)?





  #6   Report Post  
Norm
 
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Default


"xrongor" wrote
dont listen to the armchair coaches on this one. if the damage is enough

to
fight for, call a lawyer.

randy


I happen to have a degree in being an armchair coach!

  #7   Report Post  
Steve@carolinabreezehvac
 
Posts: n/a
Default


"xrongor" wrote in message
...
dont listen to the armchair coaches on this one. if the damage is enough

to
fight for, call a lawyer.

randy


As a contractor, licenced and insured, my comment would be simply to the OP:

You DID get a copy of his liability insurance contract and verify it before
you hired him...RIGHT????




"Jeff Bello" wrote in message
om...
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)?




  #8   Report Post  
wayne
 
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Default

take pictures of the damage and contact his insurance company. You did
require him to provide proof of liability insurance before you started
didn't you?

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!

Wayne

"Jeff Bello" wrote in message
om...
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)?



  #9   Report Post  
rck
 
Posts: n/a
Default

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.

Bob

"wayne" wrote in message
news:6v8Zc.266971$eM2.170345@attbi_s51...
take pictures of the damage and contact his insurance company. You did
require him to provide proof of liability insurance before you started
didn't you?

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!

Wayne

"Jeff Bello" wrote in message
om...
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)?





  #10   Report Post  
Des Perado
 
Posts: n/a
Default

Interesting. Thanks for sharing your experience with us.
Des

"rck" wrote in message
ink.net...
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.

Bob

"wayne" wrote in message
news:6v8Zc.266971$eM2.170345@attbi_s51...
take pictures of the damage and contact his insurance company. You did
require him to provide proof of liability insurance before you started
didn't you?

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!

Wayne

"Jeff Bello" wrote in message
om...
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)?









  #11   Report Post  
Steve@carolinabreezehvac
 
Posts: n/a
Default


"rck" wrote in message
ink.net...
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.


Amazing...



Bob

"wayne" wrote in message
news:6v8Zc.266971$eM2.170345@attbi_s51...
take pictures of the damage and contact his insurance company. You did
require him to provide proof of liability insurance before you started
didn't you?

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!

Wayne

"Jeff Bello" wrote in message
om...
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)?






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