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John in PA | What are my legal rights to not pay a painter his full invoice amount? |
I was dumb and didn't get an estimate in advance, and now the painter (who came highly recommended by a friend) gave me an invoice for $7800 for painting my 2600 square foot home (just 2 coats of flat white). It took him about 2 weeks to complete the job - roughly 70 hours. Over $100 an hour seemed pretty ridiculous to me, so I called up 3 other local paint contractors and was given estimates of $2100, $2500, and $4000.
Would I be within my legal rights to only offer to pay him $4000, which was the highest estimate I received? Or am I stuck paying the $7800? What if he had given me an invoice for $20,000?
Additional Details
Problem solved. Showed the painter the 3 estimates and we agreed to an amount of $3500 for the job completed. |
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G N A
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Your legal rights are whatever you agreed to in the written contract. If you did not have one, the verbal agreement may not stand up in court. Anyone telling you it will hasn't attempted to take anyone to court.
A verbal business agreement comes down to "he-said-she-said" and most judges will disallow them. The problem is that you asked for other estimates after the job had been completed, which means the other 3 contractors did not see the condition of the house before it was painted.
But if they will give you written estimates of what they would have charged, using worse-case scenario to paint your home then take these with you if you decide sue. It will give your case more leverage and the judge can then have your original painter explain for the court record why his rates are above what others are charging.
Will you still be required to pay the invoice, it depends. Taking him to court you can bet he has records of what paint he used, how much it cost for labor and materials and exactly how many hours it took to do the job.
Let us know how it turns out. |
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Smilin'_Bob_The_Enzyte®_Guy
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You are stuck..
Buyer's remorse is not a legal argument to try to renegotiate the bill.
A small caveat here... I did my 2700ft (2 floors) not 3 years ago, and it was close to $11K. Previous "cheap" contractors' jobs ( at maybe half the price) only lasted maybe 2-4 years before the paint peeled off and the siding started to mold.
That "expensive" job hasnt shown one single sign of so much as a 'blister' or " bubble" much less started peeling or aging, so it was worth every penny-- as I would be repainting YET AGAIN about now if i had used the local yokels... |
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Ozwalt
 |
Depends on the contract. If he's a real businessman, he had you sign something in advance. Read it carefully, and get help if it's written in hard-to-understand legaleze. If there is a contract, you're required to follow it. If no contract, then he can invoice you, and you can refuse to pay (or offer to pay a more reasonable fee), and then he can sue you in small claims court, and you can defend yourself with a stack of written estimates from his primary competitors and counter sue him for fraudulent behavior or harassment or whatever. And go to BBB to see if he has any other complaints -- if they exist, it will help your defense. In the meantime, record everything and save copies of everything. Then it's simply a matter of letting a judge decide. If you go against the contract, you'll lose the case. Good luck. |
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the tax lady
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If you pay him less than the bill, he can take you to small claims court. There you will make your case as to what the contract (oral or written) actually said. |
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Not My Real Name or Face
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I would send him a letter of explanation with a check for the average of the three estimates you received ($2,900), certified mail return receipt requested. Hopefully you got written estimates and not verbal estimates. In the letter, state that you think he took advantage of the situation and that if he bothers you about any additional money owed, you will do everything you can to create misery for him - you can call the Better Business Bureau, the office in your state that oversees contractors, and the city clerk who issues licenses. I suspect he is just trying to play you for a sucker and see if it sticks. |
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