Forums | Home Repair | Home Improvement | Painting | Interior Decorating | Remodeling | Landscaping


Go Back   DIY Chatroom Home Improvement Forum > Home Improvement > Painting

CLICK HERE AND JOIN OUR COMMUNITY TODAY...IT'S FREE!

Reply
 
Thread Tools Search this Thread Display Modes
Old 03-14-2008, 09:49 PM   #1
Newbie
 
Join Date: Mar 2008
Posts: 4
Share |
Unhappy

HELP - lawsuit pending (paint job)


Quality latex paint was spray applied to a newly constructed room. There were several spots where the paint could be actually wiped off the walls, especially in the corners. When we questioned the contractor, he initially said the paint was bad. Then he said that we touched the walls too soon. I realize that 30 days is the recommended cure time. My husband and I rollered several rooms with exactly the SAME paint and you could wipe a rag across the surface several days later and NOT get any paint off. Is there a difference because he sprayed and we rollered? Are we being snookered by the contractor, or does he have a valid argument? We want to be fair, but it seems unreasonable. It was at least two weeks before I noticed the problem. Was that enough time for the paint to adhere to the wall?

Thanks!
libwes is offline   Reply With Quote
Old 03-14-2008, 10:13 PM   #2
Crabby Bastard
 
terri_and_jj's Avatar
 
Join Date: Feb 2008
Posts: 150
Default

HELP - lawsuit pending (paint job)


it should NOT be peeling if you "touched it too soon" That's ridiculous and they should be ashamed to even suggest that

is it possible that they put the paint on before the drywall mud was dry? did they put the drywall up and paint in 1 day?

what you are describing will happen when paint is applied to wet joint compound, which could be why you are seeing it in corners. is it more or less peeling off in straight lines along the wall? take a knife or sandpaper and poke around under the peeling, if you hit screws or mesh tape that's more than likely the problem.

either that or they took some other shortcut during the prep, or used a primer that wasn't compatible with the paint, but if it's just in certain areas i think its paint over wet mud

good luck,

Last edited by terri_and_jj; 03-14-2008 at 10:22 PM.
terri_and_jj is offline   Reply With Quote
Old 03-15-2008, 05:01 AM   #3
Member
 
Join Date: Feb 2008
Location: NEPA
Posts: 557
Default

HELP - lawsuit pending (paint job)


1st off. I am always in favor of resolution, before lawyers get the biggest part of my hard earned money.Reasonably good paint if applied right will stand the test of time. A good contractor will make good on his or her mistakes.If that doesnt happen I would get a Professional painting contractor to come in and give you his opinion as to what is going on with your situation.Hopefully you and your contractor can come to some sort of resolution before the courts get involved.......................Good Luck
__________________

mark942 is offline   Reply With Quote
Old 03-15-2008, 06:34 AM   #4
Lic. Builder/GC/Remodeler
 
AtlanticWBConst.'s Avatar
 
Join Date: May 2006
Location: New England
Posts: 7,556
Default

HELP - lawsuit pending (paint job)


It's paint for goodness sakes, You want to sue over four walls of paint?!!
OMG

I am with Mark on this, bend over backwords and try to get this resolved.

Your first step should be to contact the manufacturer of the paint. Have them send a representative out to look at the walls. Make sure that the person who applied the paint is there too.

Good Luck.
AtlanticWBConst. is offline   Reply With Quote
Old 03-15-2008, 08:44 AM   #5
Crabby Bastard
 
terri_and_jj's Avatar
 
Join Date: Feb 2008
Posts: 150
Default

HELP - lawsuit pending (paint job)


Quote:
Originally Posted by AtlanticWBConst. View Post
It's paint for goodness sakes, You want to sue over four walls of paint?!!
OMG

.
GET REAL GUYS - It sounds like she is trying to get this resolved, but the contractor is trying to take her for a for a ride and make it her fault

Regardless of if the paint is bad or not, unless the HO supplied the paint, the contractor should be making this right, end of story. if it takes a judge to convince them to do the right thing, it's their own fault.

You are right Atlantic, it's only four painted walls, so the contractor should get in there and redo them since they took money for a job that wasn't done properly.
terri_and_jj is offline   Reply With Quote
Old 03-15-2008, 10:12 AM   #6
Lic. Builder/GC/Remodeler
 
AtlanticWBConst.'s Avatar
 
Join Date: May 2006
Location: New England
Posts: 7,556
Default

HELP - lawsuit pending (paint job)


Quote:
Originally Posted by terri_and_jj View Post
GET REAL GUYS - It sounds like she is trying to get this resolved,....
That's not what the OP's Post Title says: HELP - lawsuit pending (paint job)
AtlanticWBConst. is offline   Reply With Quote
Old 03-15-2008, 07:59 PM   #7
Crabby Bastard
 
terri_and_jj's Avatar
 
Join Date: Feb 2008
Posts: 150
Default

HELP - lawsuit pending (paint job)


Quote:
Originally Posted by libwes View Post
When we questioned the contractor, he initially said the paint was bad. Then he said that we touched the walls too soon...., does he have a valid argument? We want to be fair, but it seems unreasonable.!

sounds like they have been trying to work with the guy to me
terri_and_jj is offline   Reply With Quote
Old 03-15-2008, 08:30 PM   #8
Building and plumbing
 
USP45's Avatar
 
Join Date: Dec 2007
Location: farmville, VA
Posts: 244
Default

HELP - lawsuit pending (paint job)


Maybe they did not remove the sanding dust before priming? maybe they did not prime? Was there any oil on the walls? usually even if you apply paint then wipe it with a rag it will smear, but should not come off. Could be the primer or the paint too.
USP45 is offline   Reply With Quote
Old 03-16-2008, 08:17 PM   #9
Newbie
 
Join Date: Mar 2008
Posts: 4
Default

HELP - lawsuit pending (paint job)


I did not want to bore you with the details . . .
I do not believe that suing is a good way to settle a disagreement. I am the one BEING sued for over $25,000 plus my lawyer's expenses. The contractor walked off the job when he ran into trouble with another area in construction. He refused to settle the matter after repeated attempts to contact him. I was VERY willing to compromise. I haven't heard from him in two years. NOW, I understand why . . . seems he is suing for interest on the money I owe. Twice the amount that originally was "owed." I will expend a LOT more money if I don't settle out of court, but I feel that what he is doing is simply wrong. The paint question is because I am making a list of anything that I feel he did poorly during construction and I didn't want to accuse him of something he wasn't responsible for . . . even though I am soooooo hosed in this matter.
libwes is offline   Reply With Quote
Old 03-16-2008, 09:13 PM   #10
Tired, Cold, and Damp
 
slickshift's Avatar
 
Join Date: Aug 2005
Location: Cape Cod
Posts: 3,089
Default

HELP - lawsuit pending (paint job)


Internet ammo does not hold up in court
You need to lawyer up

I realize a common response to this is "I can't afford one"
The truth is, you can't afford not to have one
Regardless of whether you were the hosee or the hoser
You simply can not afford not to have one

aaaanyway...in answer to your technical questions

1) Most all quality wall paints dry to the touch within hours, and can be "wiped" lightly with a dry cloth after that time. Certainly overnight at the most.
2) There are tremendously poor paints out there that can take longer
3) A bad batch of quality paint is unlikely
4) A bad batch of cheaper lines is more likely
5) There is no difference in dry time between roller/spray
6) We can't tell from here who, if anyone, is being snookered
7) If the paint was actually being wiped off the wall two weeks later, that's some horrifyingly bad paint...but it's possible
8) Wiping the wall with any kind of cleaner before full cure is a bad idea, and could ruin the paint job
8a) Full cure for premium paints could be as little as 7-10 days, cheapo paints could be a month

There's just no way to say anything is probable in your specific case w/o an actual visual inspection
It's possible that any or none of these things are likely, and other things suspect that aren't mentioned here, but would show up in an actual inspection by a qualified person

But until then...
My questions for you are:
1) Is this a General/Building/Remodeling Contractor or a Painting Contractor?
2) What paint did they use?
3) Did they prime first?
slickshift is offline   Reply With Quote
Old 03-17-2008, 07:15 PM   #11
Newbie
 
Join Date: Mar 2008
Posts: 4
Default

HELP - lawsuit pending (paint job)


Thank you for responding . . .
We hired someone a family member recommended. Unfortunately, not based on work, but he "heard" that the guy was really smart. He was a general contractor that kept losing workers as our project went on. He started with 6 and ended with only 2 of his original workers. He hired more as our job went on . . . I think he lost his "inside" guys. Basic foundation and framing was fine. The inside drywall, painting, etc. wasn't so hot. We have a lawyer. He said most people are expected to paint since contractors don't do so well of a job, but I'd like to convince him we have a valid "beef" with the paint job.

To aswer your questions:
Sherwin William Promar200
They did prime, but only sprayed one topcoat. It was at least 2 weeks before I wiped the walls. I wasn't cleaning, but getting off the dust so my husband and I could put on a second coat with a roller. When you wiped with a damp (not sopping wet) rag, the paint didn't smear, but the place you wiped turn gray. I said "wiping paint off the walls" which is a misleading statement. Sorry. It almost seemed that you were wetting the drywall board and turning it gray. Happened mostly in the corners, but in one spot you could actually see blue printing on the drywall board through the paint. It was TWO years ago and we have pictures only to show the gray areas on the wall. Everything is painted well now so there isn't anything to show an "expert".

Thanks for your input. I'm just trying to find an argument.
libwes is offline   Reply With Quote
Old 03-18-2008, 02:03 AM   #12
I blame ProWallGuy
 
Join Date: Sep 2006
Posts: 244
Default

HELP - lawsuit pending (paint job)


I think a judge or arbitrator is going to toss this out as pure obfuscation. If you can't show him clearly what you are talking about, he's liable just to toss that out as so much static on your part. Stick to what you can show and prove and leave the "extras" alone.

If you can't show them how you pointed this out as a problem needing resolution to the builder and his response, its just not gonna hold any water with them. Also, was this one of the reasons you cited in your correspondence with the builder for non-payment? If not, it might be considered immaterial.

Lawyer up. Even if they don't represent you in court or at the arbitration hearing, you could use some sound advice from someone that has real experience with this in your area.

Being sued is upsetting and you might be adding fuel to the fire by pursuing unfruitful avenues. Find out what you're in for from someone that has been there so you really know what to expect. They can best tell you how to prepare and what to concentrate your efforts on (besides cashing in all your kids college savings, heaven forbid).

GL to you.

Last edited by Double A; 03-18-2008 at 02:04 AM. Reason: correcting my horrid spelling
Double A is offline   Reply With Quote
Old 03-19-2008, 10:23 PM   #13
Pro Painter
 
Join Date: Nov 2006
Location: northwest suburbs chicago
Posts: 448
Default

HELP - lawsuit pending (paint job)


I'll go out on a very stout limb and say they thinned the paint too much.

One coat prime and one coat paint is common in new construction. PM 200 is the top of the PM line. It is a contractors paint, but it's a very good one and would be suitable for that application.

Your attorney would know more about this than any of us. Especially since we don't know all the details and both sides of the story.

What I can tell you is that the builder will focus on protection while you, the HO will focus on beautification. If the quality factor is not written in the contract, you won't win. So long as he got the walls covered, he wins unless he put it in writing that the paint would be applied to mfg. suggested mil thickness, no runs, drips, splatters, straight lines etc.

Hope your atty. is reassuring you on this and not leaving you scared. Anyone can sue anyone for any amount. Doesn't mean that they will get it though.
joewho is offline   Reply With Quote
Old 03-20-2008, 07:23 AM   #14
Tired, Cold, and Damp
 
slickshift's Avatar
 
Join Date: Aug 2005
Location: Cape Cod
Posts: 3,089
Default

HELP - lawsuit pending (paint job)


Quote:
Originally Posted by libwes View Post
...
To aswer your questions:
Sherwin William Promar200
They did prime, but only sprayed one topcoat. It was at least 2 weeks before I wiped the walls. I wasn't cleaning, but getting off the dust so my husband and I could put on a second coat with a roller. When you wiped with a damp (not sopping wet) rag, the paint didn't smear, but the place you wiped turn gray. I said "wiping paint off the walls" which is a misleading statement. Sorry. It almost seemed that you were wetting the drywall board and turning it gray. Happened mostly in the corners, but in one spot you could actually see blue printing on the drywall board through the paint. It was TWO years ago and we have pictures only to show the gray areas on the wall....
That would be what is often called a 'piss coat', a rude but effective way to get the point across that the paint was put on so thin as to not really do anything.
The actual mil thickness of both primer and paint did not equal the recommended mils for even one coat.
It's effectively not a coating
I'd also consider that they mixed primer and paint together for what is essentially a colored primer and just one ultra thin coat of that (unfortunately common for cheap builders)
slickshift is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
What's your "favorite" tip, when using "oil base" paint? Bobrobert Painting 15 01-17-2008 10:36 PM
How should I paint this room? LeroyFrick Painting 8 10-30-2007 05:09 PM
Paint coming off of siding ciera Painting 5 07-01-2007 05:22 PM
my painter did not fallow the contract jaskoo Painting 17 11-19-2006 01:21 PM




Top of Page | View New Posts

Copyright © 2003-2014 Escalate Media. All Rights Reserved.