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Possible getting sued for a $2,200 job

6K views 42 replies 15 participants last post by  Knobbe 
#1 ·
So a customer is threatening to sue due to not all of the imperfections in the walls being filled (like nail holes and such). I offered to come back and remedy the work, but she is still very angry and threatening to sue... What terms would they have to have to go to small claims court? I did have a contract saying that I would fill all imperfections:

"Downstairs living room, kitchen, dining room, bedroom, and
basement walls will be painted with Super Paint Flat (color to be
determined). Walls will be prepped, and nail holes and minor
imperfections will be spackled prior to painting."

Color and sheen was was discussed over text and email, and the concept of 1 coat was also discussed over email and text (of which I have all). Have any of you had any experience with this? This customer is kinda crazy anyway, but wanted to hear form you all if you had any experience with this.
I know it's ridiculous, but seeing that I dont have experience suing people, I wouldn't know the process.
And by the way, the paint job looks good, it's just it's an old house so yeah...

Thanks!
 
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#2 ·
Sorry for your troubles.

sounds like you covered your bases by offering to remedy the problem. If you fulfilled your end of the agreement, hopefully everything is in writing, then you should safe. Small claims cases usually favor the contractor in such cases.

Is it possible she is just looking for a discount, or is it something else? Some people just didn’t like to pay.

I am typically patient in dealing with these matters, and try not to escalate things out of hand, preferring to keep lines of communication open. However, in the end, if she owes you for services rendered and you have completed your end of the agreement, you may need to insist she pay.

start gathering all paperwork, pictures (before and after), all communications, and at some point you may need to let her know you are looking into filing a small claim.
 
#4 · (Edited)
So a customer is threatening to sue due to not all of the imperfections in the walls being filled (like nail holes and such). I offered to come back and remedy the work, but she is still very angry and threatening to sue... What terms would they have to have to go to small claims court? I did have a contract saying that I would fill all imperfections:
If your contract says you will fill all imperfections, then you have to follow through. That you've offered to do so means you've covered your bases. If the customer won't allow you to fix your deficiencies, then a court would likely dismiss any potential lawsuit.

I used to use wording provided by the PDCA (now the PCA - Painting Contractors Association) that specifically defines how a finished surface is to be inspected for acceptance.

Let's face it, some people are fanatics or OCD. About everything. There is no such thing as perfection. Precise contract terms protect you from such people.

Unless otherwise clearly defined in the project documents, the criteria for acceptance of architectural paints on the interior surfaces of structures shall be that of a properly painted surface as defined by PCA Standard Pl. "A "properly painted surface" is defined as uniform in appearance, color, texture, hiding and sheen. It is also free of foreign material, lumps, skins, runs, sags, holidays, misses, or insufficient coverage. It is also a surface free of drips, spatters, spills or overspray caused by the painting and decorating contractor's workforce. In order to determine whether a surface has been "properly painted" it shall be examined without magnification at a distance of thirty-nine (39) inches or one (1) meter, or more, under finished lighting conditions and from a normal viewing position."
You may want to consider a membership in the PCA and avail yourself of their resources.
 
#7 ·
Make sure you offer the fix in writing, email, text, whatever and keep all those things sent and answered, in case of court action. I have always found I got paid promptly when I suggested I might need to place a lien on the property. On a few occasions I did so and sent copies of the paper work to the client. I then got paid within hours. This would not be as effective with commercial work where the owners are happy to have liens against the property but it seems to really creep out HOs. It's cheaper than court and no place for arguments that I ever saw.
 
#12 ·
If I were you, I would write up a second contract for this wacko to cover your butt.

Nothing fancy, but detailing everything she wants fixed for her to sign prior to you addressing AND after to confirm you have completed the fixes to her satisfaction.

For example, "On xx/xx/xxxx the property located at 1313 Mockingbird Lane was painted for Karen McCrazypants. Full payment was received on xx/xx/xxxx by check #42.

"The contractor was contacted on x due to customer being unsatisfied with the final result. The contractor stated he would return on x to address problems on x.

"The repairs are to be completed on x FOC. The customer shall provide the location of all problem areas prior to commencement of repairs.

Signatures:

"Customer agrees that all repairs were completed to her satisfaction

Signatures:

Depending on how insane this woman is, have 4 copies signed and then send one to each of you via certified mail. Don't open yours. If she continues her shenanigans, you have dated proof of the contract.

It's utterly over the top, but not only protects your ass, but shows her you are not some idiot who she can take advantage of for personal gain.

Damn people suck!
 
#21 · (Edited)
@celicaxx What I quoted from the OP shows what his problem is. He needed to be more conservative in his promises. At the very least, if it came to a court action ( :eek: ) he is stuck with the promise he made on paper. I would NEVER make such a claim in my own contracts. One must be very careful what they write!
 
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#32 ·
Thank you all for your posts, as it turns out, she was just threatening me because she had bad experiences with other contractors not following up with their promises (skipping out with the deposit). However, the only thing she really had a problem with was there were 5 nails painted over in the bathroom, which was an oversight by myself thinking that she had things hung on them, and she just removed them before I came and painted.

The funny thing though is that my father used to work with me, and him being 61 and myself being 29 (and I look 21 I might add), she only dealt with me during this whole transaction, and made the judgement that I didn't know what I was doing. So when I went back, I brought my father (really just in case she tried any ****, like claiming I did something to her or was belligerent), and I did all of the spackling while he just stood around. While I waited for the spackle to dry, I dropped my father off at another local job, and when I came back, she exclaimed how my father looked like a 'true professional' while spackling, and I should take tips from him.... well.... he didn't spackle **** while there, and I told her this (not with that kind of fancy language)... It was interesting, but she then wanted me to bid another job at her place... I don't know about any of you, but when someone threatens to bring me to court over 5 ****ing nails, I don't ever want to do work for them again. lol

Thanks again everyone!
 
#36 · (Edited)
the only thing she really had a problem with was there were 5 nails painted over in the bathroom, which was an oversight by myself thinking that she had things hung on them, and she just removed them before I came and painted.
when someone threatens to bring me to court over 5 ****ing nails, I don't ever want to do work for them again. lol

Thanks again everyone!
Really, no painter should be painting a wall with nails still in it. If one thinks the nails are wanted there, remove them and replace when done. Nails make a real mess of a paint job.
 
#35 ·
I spec filling nail holes and caulking cracks is included, but fixing surface imperfections is subjective and done on an hourly basis. We usually fix most free but covers me for OCD people
More importantly I’ve found that when I change the energy of the situation by being generous, praying for them, surrendering control of the outcome (I have no control of other peoples reactions) and basically trusting in my higher power to resolve the situation it does wonders to solve the problem in ways I couldn’t on my own.
 
#38 ·
I did, that was the point of my post, I had a time scheduled with this lady to fix what she wanted fixed (which I had no problem with at all), but she was texting me, worried I wouldn't come out I guess, and threatened to sue me. I did go back, and all went well. Read the rest of the thread....
Also found out after the fact from her family members (who all commended me for a job well done) that she was on medication, so that definitely would affect her mood, and would explain her 'swings'. I just wanted to ask for advice because I have never been threatened like this before in the last 12 years of doing work like this.
 
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