Legal Question in Legal Ethics in North Carolina
Want to know if this is considered payment in full
Durham, NC
A man painted my fathers house and did a very shoddy job! My father paid him only 1500.00 out of the 2250.00 the guy asked for because the man bought 10 gals of paint and only applied 5 gals,painted over rust on wrought iron railings ,missed multiple spots didn't properly sand,scrape the house got paint on wood and furniture INSIDE house [was outside of house paint job!!] paint drops on brick steps.HhE ALSO CHARGED HIM FOR 4.5 HRS LABOR OF WOOD WORK WHEN IT ONLY TOOK THEM LESS THAN AN HOUR AND A HALF!!! We are supposed to pay for this guy going out for three hrs to buy wood??????[ only 15 mins to lowes/home depot]
1 Answer from Attorneys
I am assuming your concern is that the painter will sue for the rest of the money. You need to send the painter a letter and keep a copy highlighting all of your concerns and why you paid them less. If you had a written agreement, you should also list the parts of the agreement that you believed the painter breached.
Also, take pictures of the job and make sure you document how you know the job was 1.5 hours instead of 4.5 hours. You will need this if sued, but hopefully the letter scares them off. Based on what you said, they may have overcharged you.
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