Q: Hi, Can I take a contractor to court for misrepresentation?
EMPHATICALLY told him that we do not want to have to clean or tidy anything after the job was finished. He said he was the capable of doing the job as per request. (We are no longer able to do the work. I am disabled, and my husband is 87). Mr Cronin agreed.
Upon completion we went to look only to find the brand new counter-top, sink & faucets covered in paint where he used a roller on the walls, it splattered everywhere...Also,the closet door had wall paint on it. Three ceramic floor tiles had been chipped. Took me 3 days to clean up. The paintwork is already coming off the Bathroom Vanity.
When I talked to him about the mess he left. He refused to see the problem saying we had done it ourselves.
At the end of the day we hired him to do a job, a job in which he emphatically stated he could do. We have asked him to work with us, to adjust payment made to him so that we can fix the problems.
A: You may indeed file suit but, under the facts your described, I don't think it makes sense to pay an attorney potentiallly thousands of dollars because your actual damages would be measured by the value to fix his mess. You can file suit pro se, but you or your husband will need to attend court and the case might drag on. If he chipped the tiles, get a bid for what it would cost to replace them.
A:
The answer may depend on the contract you had for the services to be rendered. Even though there is an implied duty of care which should cover damage to adjacent surfaces or property, having a provision for clean-up is always a good idea. In addition, the contract should allow you to withhold a part of the payment until you inspect the work done.
In addition, pictures of the areas damaged before and after the work was completed would be of help to prove the damage. You should document the damage to the bathroom vanity as he might not have taken the proper steps to prepare the paint to adhere to the vanity. Depending on the overall damage to the property (i.e., chipped tiles... can they be replaced or would you need to replace all tiles?), it may be more expensive to seek the services of an attorney to send a demand letter and file a suit. There may be other means available to you, such as contacting the Better Business Bureau for your area or the government licensing agency for your state- where you may be able to file an administrative complaint.
My response provides only general information and is not intended to provide you with legal advice, nor create an attorney-client relationship. You should not use or rely on this information without first consulting with your own lawyer and discussing your specific facts and available options in detail.
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