Legal Question in Construction Law in Indiana

Terrible Painter!!!

We hired a painter for the interior of our home. When the job was done it was night and I wasn't able to see clearly how terrible the workmanship was. I contacted the painter that next day and he stated that the paint on the woodwork could just be rubbed off with a damp rag. He had his 12 year old daughter working for him and between the two of them I had almost 5 hours of clean up involved for just one room!! Paint everywhere, needed another coat and we could still see the previous color under the new paint in places. The longer I worked to place my home back together the more angry I became. I tried to call him and his phone was no longer working. Therefore I put a stop payment on the last check I wrote him because the downpayment check had already been cashed. He then called and threatened me that he could kick my ass...I AM A FEMALE. I got notice yesterday that he is taking me to small claims court. Is it worth it to fight this or should I just paid the idiot? I do have pictures of everything too. They rinsed their rollers in my yard, it killed the grass, also in kitchen sink and my disposal was a mess, cleaned up drywall dust with my $1000.00 vacume cleaner!!!


Asked on 7/19/07, 10:21 am

1 Answer from Attorneys
Mark Voigtmann Baker & Daniels

Re: Terrible Painter!!!

Sounds like it is worth fighting. There are at least two Indiana statutes that are pretty tough on home improvement contractors that MIGHT be used as weapons: The Home Improvement Act and the Notice and Opportunity to Repair Act. Both may permit recovery of your attorneys' fees if you are successful.

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Answered on 7/19/07, 11:09 am


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