Painter MIA

[definitelyO]

We are responsible for paying the painter - but the contractor has had 100% of the communications.  

The painter came 6 weeks ago and did a HORRIBLE job - drips down the walls, didn't cut in the edges well, spotty coverage - can see the primer in places, spilled on the floor/new wooden bench, etc...

It's so obvious - even the contractor was appalled when he came to check it out.
Since then the painter has ghosted the contractor - returned 1 text after a dozen calls/texts and then nothing.

So - we're finding a new painter.  But I told the contractor that we are NOT paying the painter.  I took a bunch of pictures of the work and we have the contractor's records of contact attempts.  The contractor is also done with him and will not be using him going forward, etc....

What else should I do to protect us in case he comes back and wants payment? or takes us to small claims?  I think that's a long shot - but you never know.....

Thanks!

[Wallflower]

You said you'd taken photos - I'd also take video just to make sure you've documented the situation in as many ways that you can. And if your memory is like mine, I'd write up a detailed document now, with everything you can think of, because a few months from now you won't remember as much.

I'm so sorry you're dealing with that!

[maudefindlay]

Can the contractor document and provide a statement in writing too with you getting a copy?

[winecat]

Oct 23, 2022 21:00:26 GMT -5 definitelyO said:

We are responsible for paying the painter - but the contractor has had 100% of the communications.  

The painter came 6 weeks ago and did a HORRIBLE job - drips down the walls, didn't cut in the edges well, spotty coverage - can see the primer in places, spilled on the floor/new wooden bench, etc...

It's so obvious - even the contractor was appalled when he came to check it out.
Since then the painter has ghosted the contractor - returned 1 text after a dozen calls/texts and then nothing.

So - we're finding a new painter.  But I told the contractor that we are NOT paying the painter.  I took a bunch of pictures of the work and we have the contractor's records of contact attempts.  The contractor is also done with him and will not be using him going forward, etc....

What else should I do to protect us in case he comes back and wants payment? or takes us to small claims?  I think that's a long shot - but you never know.....

Thanks!

Mechanic's liens greatly favor the contractors in Colorado.  What does the contract detail will be done for the painting? Is there something, no matter how small, that is in the contract that the painter didn't do?  Document the heck out of it if there is.  In my experience, doing a shitty job isn't a defense against a mechanic's lien.  

[definitelyO]

Thanks winecat, - there is not a contract.... we walked through and talked about "paint these 3 rooms with this color and paint this one wall a different color" - he didn't paint well - and then touched up the LR (which he wasn't to paint) with a different paint color....

[winecat]

Oct 24, 2022 23:08:53 GMT -5 definitelyO said:

Thanks winecat , - there is not a contract.... we walked through and talked about "paint these 3 rooms with this color and paint this one wall a different color" - he didn't paint well - and then touched up the LR (which he wasn't to paint) with a different paint color....

Your GC doesn't have a contract with the painter?  You might be able to argue quality issues if the original painter were to take you to small claims court, but not if they file a mechanic's lien.  We had a contractor file a mechanic's lien and we were able to get them to drop it because they "overstated" the lien amount by including charges for something that they didn't do. It was one of the smaller line items but it was clear that it wasn't done.  If they hadn't done that, they would have won.  This is why I always urge people to make sure that their contract is incredibly detailed because if it isn't, it's your word against theirs.  Like for a painter, I'd want the rooms specified with the brand, finish, and color of paint specified, the number of coats to be applied, are holes or any imperfections supposed to be filled, are ceilings and trim to be painted as well and the details if they are, etc..