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Old 09-15-2005, 05:06 PM   #1
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Hi Dear All,

I need some help.

I have recently bought a house . Of course I decided to do some upgrades and home improvements. Even though the painting was OK, I hired a painting contractor to do my interior painting in the house. I bought Benjamin Moore paint.
Acording to the contract he was supposed to paint my wall, doors, door cases, ceiling and gave me 24 month warranty.

He asked me for 50% to pay before the work start. Then 50% at the end. So I did.

He painted my house at the last week of August. As soon as the paint dried completely (in a week), it has stated peeling awfully from all door cases and doors. It is obvious that he did not sand the surface so the paint did not adhere. When he completed his painting, it looked all right but now it is just AWFUL. I tried to contact him for a week. Of course he did not return my calls.

Please advise me what I should do. :confused:

I need to repaint all these peeling surfaces. But if I hire somebody else to fix it and he or she will repaint the peeling surfaces, what proof will I have to file a complain about the former improper painting job. How long should I wait for before I can start fixing it?

Where can I file a complain against this contractor?
Thanks a lot!

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Old 09-15-2005, 06:14 PM   #2
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Pictures, pictures, pictures. Close-ups, complete views, everything in between. If this is wood he "painted" (which I assume it is) it needs to be covered before winter, even if it means (worst case) that you have no proof and loose your down-payment. Send him a certified letter detailing the problems and what you wish done about it. Usually a statement like "Thirty days after the date on this letter, I will begin court proceedings, afterwhich any remedy short of court action will be impossible" (basically, if I dont hear from you in 30 days, your SOL, and after that you wont have the opportunity to make me wait any longer)

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Old 09-15-2005, 10:04 PM   #3
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jp got you started. Sounds to me like he went latex over oil without sanding and priming. I take it that the warrantee is in print. ?
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Old 09-22-2005, 12:00 AM   #4
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Quote:
Originally Posted by Teetorbilt
jp got you started. Sounds to me like he went latex over oil without sanding and priming. I take it that the warrantee is in print. ?
I agree.
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Old 09-22-2005, 10:57 AM   #5
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If you have the warranty in print, you should doccument the failing paint with pictures like the guys said. Give him at least a month, calling him every two days if you have to, to make it right. Keep track of how many times you called him and got no response.

If he still doesn't do the right thing after all that go to the court house and begin the process of taking him to small claims court or filing a lein.

If you don't have the waranty in print, your screwed, you have no legal recourse as far as I know.
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Old 09-22-2005, 07:09 PM   #6
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A verbal warranty is a legally binding warranty none-the-less. It's just harder to prove and enforce.
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Old 10-03-2005, 08:00 AM   #7
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Quote:
Originally Posted by jproffer
A verbal warranty is a legally binding warranty none-the-less. It's just harder to prove and enforce.
Yeah real hard to enforce, it becomes your word against his, unless you get the guy to admit there was a warranty on the job in court.

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