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Contract fell thru - need advice wipeout64@hotmail.com 07-07-2006
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Posted by wipeout64@hotmail.com on July 7, 2006, 9:28 am
It turns out the contractor we hired to paint our house is unreliable.
He managed to get the primer on and some of the trim. The problem is
that the can states that the top coat must be put on within 30 days. Is
it absolutely necessary to stick to 30 days time limit? What would
happen if it is 1 or 2 weeks over?


Posted by Thomas Kendrick on July 7, 2006, 9:37 am
I would be more concerned that the unreliable painter would appear in
a week or two wanting to be paid for the whole job. It's called a
mechanic's lien that starts when he does any work on the job. Unless
you have a written contract which states that failure to appear
constitutes abandonment of the job, you are at risk.
Unreliable is a value judgment on your part that will not hold up in
court if he sues you for the entire contract price.

On 7 Jul 2006 06:28:22 -0700, "wipeout64@hotmail.com"

>It turns out the contractor we hired to paint our house is unreliable.
>He managed to get the primer on and some of the trim. The problem is
>that the can states that the top coat must be put on within 30 days. Is
>it absolutely necessary to stick to 30 days time limit? What would
>happen if it is 1 or 2 weeks over?

Posted by JimL on July 7, 2006, 10:18 am
On Fri, 07 Jul 2006 08:37:35 -0500, Thomas Kendrick

>I would be more concerned that the unreliable painter would appear in
>a week or two wanting to be paid for the whole job. It's called a
>mechanic's lien that starts when he does any work on the job. Unless
>you have a written contract which states that failure to appear
>constitutes abandonment of the job, you are at risk.
>Unreliable is a value judgment on your part that will not hold up in
>court if he sues you for the entire contract price.
>

And it goes without saying that if you refuse to pay, he can sell
your home and get his money from the proceeds. But the good thing is
that he will have to give you the balance - after deducting all the
expenses of the sale.






>On 7 Jul 2006 06:28:22 -0700, "wipeout64@hotmail.com"
>
>>It turns out the contractor we hired to paint our house is unreliable.
>>He managed to get the primer on and some of the trim. The problem is
>>that the can states that the top coat must be put on within 30 days. Is
>>it absolutely necessary to stick to 30 days time limit? What would
>>happen if it is 1 or 2 weeks over?



Posted by dadiOH on July 7, 2006, 11:10 am
JimL wrote:
> On Fri, 07 Jul 2006 08:37:35 -0500, Thomas Kendrick
>
>> I would be more concerned that the unreliable painter would appear in
>> a week or two wanting to be paid for the whole job. It's called a
>> mechanic's lien that starts when he does any work on the job. Unless
>> you have a written contract which states that failure to appear
>> constitutes abandonment of the job, you are at risk.
>> Unreliable is a value judgment on your part that will not hold up in
>> court if he sues you for the entire contract price.
>>
>
> And it goes without saying that if you refuse to pay, he can sell
> your home and get his money from the proceeds. But the good thing is
> that he will have to give you the balance - after deducting all the
> expenses of the sale.

A lien doesn't give him the right to foreclose, merely to be paid when/if
the property is sold.

--

dadiOH
____________________________

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...a help file of info about MP3s, recording from
LP/cassette and tips & tricks on this and that.
Get it at http://mysite.verizon.net/xico




Posted by JimL on July 7, 2006, 11:54 am
wrote:

>JimL wrote:
>> On Fri, 07 Jul 2006 08:37:35 -0500, Thomas Kendrick
>>
>>> I would be more concerned that the unreliable painter would appear in
>>> a week or two wanting to be paid for the whole job. It's called a
>>> mechanic's lien that starts when he does any work on the job. Unless
>>> you have a written contract which states that failure to appear
>>> constitutes abandonment of the job, you are at risk.
>>> Unreliable is a value judgment on your part that will not hold up in
>>> court if he sues you for the entire contract price.
>>>
>>
>> And it goes without saying that if you refuse to pay, he can sell
>> your home and get his money from the proceeds. But the good thing is
>> that he will have to give you the balance - after deducting all the
>> expenses of the sale.
>
>A lien doesn't give him the right to foreclose, merely to be paid when/if
>the property is sold.

Wrong again.



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