Legal Question in Construction Law in California
Painter obligations
My all wood house was painted 6 years ago and I noticed lots of peeling about 2 years ago.
The new painters said I had major water damage and lots of wood had to be replaced. I asked how did this happen.
They said the old painter did not apply any primer before he painted and that is what caused it. They showed me the old chips confirming this.
It is costing an extra 15k to replace the rotting wood. Since the old painter didn't apply any primer, I feel that he caused this problem and should pay part of this expense.
My question is, what is the responsibility of painters when painting. Are they required to use a coat of primer?
The old painter said it's not his fault and he is certainly not liable.
Since I know nothing about painting, I need to know if there is a law that painters have to use primer on wood houses or not.
2 Answers from Attorneys
Re: Painter obligations
It is a matter of whether or not it is the custom among San Diego painters to do so. To prove your matter you must enter expert witness testimony, perhaps the second painter, or another. $15K is a lot of money, don't try to do it yourself in small claims and lose $ 10K right off the bat. Call me directly at 16192223504.
Re: Painter obligations
Although there is no law that directly says that a painter must use primer, all contractors must adhere to standard practices in the trade. Standard practice unquestionably includes primer on bare wood. It's unfathomable to me that a professional painter wouldn't do this.
I am not convinced, however, that the problem is lack of primer. I'm wondering whether moisture was entering from the backside of the wood siding causing the paint to peel. Even if the front side of the wood had been properly primed, moisture coming through the back can cause a lot of peeling and blistering.
I suggest registering a complaint against the painter with the CSLB right away. They will sometimes hire an expert to determine the exact reason why construction failed.
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