Legal Question in Business Law in Texas

Holding payment for work performed for a year

I had the exterior of my house painted. The contractor painted the house while it was raining. He was to prime the siding, then paint two coats of paint. I called the paint manufacturer and he said that you should wait 8 hrs between each step and the siding should be dry before beginning to paint. He did all three steps in one day. I paid 50% and now he wants the remaining 50%. I will not know if the paint job is good until the weather gets warmer and then the paint will bubble if there is moisture under it. Should I not pay for a year or can I deposit the money in an account and after a year he can get the money? How would you suggest I handle this? Thank you in advance for your help.


Asked on 11/09/00, 10:54 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Holding payment for work performed for a year

It appears the painting contractor did not adhere to the manufacturer's recommendations concerning (1) moisture and (2) time-lapse between applications. That failure could result in defects which may take some time to appear.

Under those circumstances, it is reasonable to escrow the balance of the contract price pending a determination of the quality of the work. The contractor guarantees that quality by law, whether he wants to or not, and when a question regarding it is raised suspension of further payment is appropriate.

I would write the contractor, certified, keeping a copy, that the balance of the contract price is placed in the bank in the name of both of you, the signature of both of you being required to release the funds, and that you will sign your release when it is possible to determine whether or not the job is OK, perhaps 3-6 months?

Interest on the account should go to the contractor if the job proves satisfactory.

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Answered on 11/10/00, 5:52 am


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