# HELP with customer complaint threatening to sue



## BanditGo (Sep 19, 2007)

I contracted for a job to do interior painting (entire interior of a 2 bedroom condo) and some carpentry, plumbing, and electrical. The total for the job was $10,000 for my labor and she would provide the material. 

A month or so after completion the owner called to complain that that there were some small spots (4-5) in the bathrooms where the paint did not adhere well. She stated the work was woefully inadequate and wanted me to strip/repaint both bathrooms and the kitchen. I stated that they were very minor and that I would fix the trouble spots but not repaint everything. She then decided she wanted another contractor to strip/repaint everything. Which she did do and now wants me to pay for the re-work for $7,500.00. My quote for the bathrooms and kitchen areas was $1,995.00. I offered to refund that portion of the contract price but she refused and is threatening to take me to small claims court and file a complaint with the BBB and the CA state CSLB. 

I haven't seen any documents from the other contractor (estimate or contract). Nor do I know how much work was redone and in what areas. She sent me a copy of the small claims court documents she is threatening to file and she stated that I refuse to correct the problem and I refused to return owner's tools/supplies. Both of these and bald faced lies. During the time I was there she stated, "I am a mental defect" (talking about herself) at least 100 times. That should have been a warning but I did not heed it. Her claims are baseless and a complete strip/repainting was not at all warranted but she already had the work done. Am I screwed?

My questions are:
1. Don't I have the opportunity to bring in another contractor to provide 
another estimate if she won't allow me to do the work myself?
2. What are my legal rights?
3. What is arbitration? How expensive is it? Will it appear as a complaint 
against my license?
4. I'm bonded for $12,500 but that won't help with this situation, will it?

Any help you could provide would be greatly appreciated as I'm at a loss for what to do. Thank you in advance.


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## kevjob (Aug 14, 2006)

What does your contract say about arbitration? Did you get any of this in writing?


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## Cole (Aug 27, 2004)

What does your contract look like? You have one correct?


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## Cole (Aug 27, 2004)

Crazy, we both posted at the exact same time, asking the exact same thing.


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## BanditGo (Sep 19, 2007)

I have a contract but I make not mention of arbitration in it.


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## mhillc (Apr 5, 2009)

She must give you a chance to fix any problem she has before hiring someone else.


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## BanditGo (Sep 19, 2007)

*My Contract*

Attached is a copy of my contract in pdf format


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## BanditGo (Sep 19, 2007)

that's what I thought too mhillc. I offered to correct the problem but she refused


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## TxElectrician (May 21, 2008)

Was all communication in writing? Anybody can sue anybody, if you offered a solution I don't see where she has a case. But I'm only authorized to practice Ohm's Law.


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## macatawacab (Jan 1, 2009)

Like everyone posted, more details. Did she pay you in full when you were done? That is acceptance of work as installed. You don't mention this.

In MI small claims cuts off at $ 3000.00. what is the limit in your state.

Let her rattle around and don't panic. there is plenty of time to settle if you have to and she might go away.

Just remember, "if you're not getting sued, you're not doing enough business".​


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## Mellison (Aug 3, 2008)

You made the offer to fix it.
She declined and paid $7,500.00 to have it done by another contractor?
I smell Bull $h!t.
Simply explain to her that you made an offer to fix it and that is as far as you are reqired to go.
Do not be afraid of going to court.
If you have described the entire situation I do not think it will ever get there.
Keep us posted.


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## JumboJack (Aug 14, 2007)

How did you get your license and not know what arbitration is???

And no your bond will not help.


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## BanditGo (Sep 19, 2007)

I did the work myself. She paid in full upon completion. Nothing was left out in my description and all correspondence with her is documented and sent to her via registered mail.
If it will help I will post the letters I sent to her.


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## mhillc (Apr 5, 2009)

See if she will let you in to see where the problems were and when she shows you grab her by the gullet and push her head in the wall and tell her to get someone to fix that.:thumbup:


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## BanditGo (Sep 19, 2007)

I know what arbitration is. I just never went through it so I don't know.


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## BanditGo (Sep 19, 2007)

that's funny mhillc but not an option


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## rbsremodeling (Nov 12, 2007)

mhillc said:


> See if she will let you in to see where the problems were and when she shows you* grab her by the gullet and push her head in the wall and tell her to get someone to fix that.*:thumbup:


WTF? :laughing::no:


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## Mellison (Aug 3, 2008)

mhillc said:


> See if she will let you in to see where the problems were and when she shows you grab her by the gullet and push her head in the wall and tell her to get someone to fix that.:thumbup:


 
Relatively speaking it sounds like $3,000.00


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## OCRS (Apr 29, 2008)

Mellison said:


> You made the offer to fix it.
> She declined and paid $7,500.00 to have it done by another contractor?
> *I smell Bull $h!t.*
> Simply explain to her that you made an offer to fix it and that is as far as you are reqired to go.
> ...


I'll go x2 on this one. She's trying to k ya


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## BanditGo (Sep 19, 2007)

Mellison said:


> Relatively speaking it sounds like $3,000.00


Meaning what?


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## BanditGo (Sep 19, 2007)

stp57 said:


> "that's tempting mhillc" Yes, very tempting, indeed.
> Too bad that you don't have recordings & photos? I think the HO will come off as a flake in court. Double dog dare her to sue you. I'll bet that you will win.
> Steve


She just may be viewed as a flake. I think you're right! Thank you


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## BanditGo (Sep 19, 2007)

Chris Johnson said:


> Now, if and when she decides to pursue this through small claims court, you must reply. And reply you will and you will quote everything as written in SB800 and make reference to it. This will show the courts and her you have done your homework and are following the law.
> 
> Also, copies of the letters sent and received to show you were dealing with this.
> 
> ...


Didn't want to hear that about the $2000 since I only offered it to show that I wish to resolve the matter as amicably as possible, not admit guilt for any wrongdoing. Many thanks for the advice.


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## kevjob (Aug 14, 2006)

*stop talking on here now until all is settled* ps edit any derrogatory statements you may have made


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## platinumLLC (Nov 18, 2008)

It might be worth it to talk to a lawyer and have them write a certified letter to her stating the california law and how she didn't give you a chance to fix anything and how she didn't follow the law by going out and hiring someone else without consulting with you. That might put some fear in her just like she did to you by threatening to sue.


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## john5mt (Jan 21, 2007)

Maybe i am being simplistic but.....why the hell would paint not adhere? What were you painting? How did someone strip it off and repaint it?

She is kind of sue crazy if you ask me.

Your best bet is to talk to a lawyer. Were contractors not lawyers. You dont talk to your lawyer about how to build a house do you?


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## BanditGo (Sep 19, 2007)

platinumLLC said:


> It might be worth it to talk to a lawyer and have them write a certified letter to her stating the california law and how she didn't give you a chance to fix anything and how she didn't follow the law by going out and hiring someone else without consulting with you. That might put some fear in her just like she did to you by threatening to sue.


Great idea! :thumbsup: Maybe I can avoid court that way but I'll still probably get a complaint on my (impeccable) record with the contractor's board. That's what I'm really concerned about most. Thank you!


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## BanditGo (Sep 19, 2007)

john5mt said:


> Maybe i am being simplistic but.....why the hell would paint not adhere? What were you painting? How did someone strip it off and repaint it?
> 
> She is kind of sue crazy if you ask me.
> 
> Your best bet is to talk to a lawyer. Were contractors not lawyers. You dont talk to your lawyer about how to build a house do you?


Good point! The only reason I can think of for the paint not adhering is maybe impurities in the paint. All the spots (4-5) were the size of a penny or smaller.
It was just semi-gloss latex.


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## BanditGo (Sep 19, 2007)

This site rocks! I really appreciate all the help I've received from so many of my fellow contractor's.
Thank you very much fellas! When it is over I will come back and post the outcome.


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## homework (May 21, 2008)

So she didn't like the the first color she picked out.:laughing:


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## kevjob (Aug 14, 2006)

if this came down to penny sized spots I believe no judge would side with her.


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## BanditGo (Sep 19, 2007)

kevjob said:


> if this came down to penny sized spots I believe no judge would side with her.


I would like to think so too


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## sst104siding (Dec 27, 2008)

If the paint was the problem you should also be talking to the paint company and get their imput on this issue


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## deck king (Mar 29, 2009)

Just because you made an offer at that time does not indicate that you were at fault. I had an ordeal much like yours, I offered $3.000.00 of a $ 6,000.00 deposit that was given, the guy didn't accept and took me to small claims. ( I didn't even start the work, He wanted to cancel because the village wanted him to update his 100 year old home to current standards, cost too much) The money I offered was his deposit minus the time for plans and filing for permit. He said no, we went to court, Yhe case was dismissed because I fullfilled my part of the contract. If you presenta good argument for you completing your part, things should go your way. If it doesn't ,you can claim hardship and ask for a payment schedule over a period of a year. State your income has decreased because of the slow economy.


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## paintr56 (Feb 4, 2005)

I was involved as a witness in the arbitration process once. From my limited experience I wouldn't recommend it. Seemed he was so concerned about finding a compromise that he didn't look at what was right. By the time it was over the the contractor that was being sued ended up loosing money on the remodel and the home owner got a very nice job for half price. 

Found out later these people made a habit of this.

Jim


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## BanditGo (Sep 19, 2007)

For anyone that's following this thread, she filed suit against me. I'll be going to court at the end of next month and I'll post the results shortly thereafter.


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## Meetre (Nov 2, 2007)

Sorry to hear it's gone that far. Best of luck with this one.


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## Handymanservice (Mar 1, 2009)

*The burden of proof is on her*

Don't forget that. You offered to fix it, she had someone else do it, not your fault. Remember to be smart in court, take notes of things she says, BUT DO NOT SAY ANYTHING UNTIL THE JUDGE TELLS YOU IT IS YOUR TURN. I don't care what she says, do not say a word unless the judge asks you a question.

When it is your turn, do everything you can to counter each of her statements, hopefully she will not be as disciplined as you and she will keep trying to make her point. That will really piss a judge off.

Just keep professional and show any documentation you have and you will be fine. Definitely keep us posted.


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## thelodges (Nov 30, 2008)

There are many reasons why you may run into SPOTTY adhesion problems in a bathroom. Hairspray residue on the walls, a multitude of cleaners that may have splashed onto select areas, little spots of toothpaste, vaseline, etc.

In an ideal world, all the surfaces would be cleaned, primed and then two topcoats ( if they are willing to pay for a professional process that will deliver the best results.) Every painter has completed areas and run across small spots with adhesion problems due to an existing contaminant. In 99% of the cases you can sand, clean, prime the affected area, and repaint the complete walls that are affected. The only thing I could see you being guilty of would be missing the contaminants on those four or five spots in the bathrooms. Certainly not a $7500 mistake or a $2000 mistake. Very simple to fix, and if you repaint the entire wall, then there shouldn't be a problem.

Where does this woman come up with the idea that the proper solution is to strip the paint in both bathrooms and a kitchen ( which doesn't have problems). This is what I would concentrate on the most for the court case. The option the owner gave for you to fix the problem was ridiculous. It did not require stripping and certainly did not require repairs in non-affected areas or walls...

Not only did she refuse you an opportunity to fix the a very simple problem, but the only option given was not the correct solution. What professional told her it NEEDED to be stripped and repainted? ( I'm sure that is what she asked for, but I doubt another painter told her it was required as a solution). 

Go to court and make sure you let the judge know that it was probably a contaminant on the wall, you told her you would fix all of the areas, but she was unreasonable and rejected your offer. Let her prove it all needed to be stripped and repainted and make sure to find out all the licensing, insurance, and workmans comp information on the contractor that did the work. Make sure he/she is 100% legal.

Lastly, you offered money to make the problem go away, not as an admission of wrongdoing. That offer was not accepted and after that time is no longer a valid offer. Let the judge know that now that a suit has been filed and it has become a headache, you have no desire to settle, since settlement was only on the table to keep you out of court and on the jobsite making money...Good luck and do not worry.


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## Ashcon (Apr 28, 2009)

Did you take any pics of the completed jobs? It won't help now but if i do an install through a third party, like a supplier i have the client sign off that all is satisfactory and complete.
It does sound like she wants you to grab your ankles.


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## naptown CR (Feb 20, 2009)

make her take you to court from what you describe she is a loon and this will come out in court. If you made an offer to repir the small areas and she hired someone else without allowing you to make the repairs this won't go anywhere in court.


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