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Unsatisfactory contracting job

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  • Unsatisfactory contracting job

    We signed a contract to have our house be painted with tex-cote. The contract states lifetime warranty on material and labor. Material warranty be issued by Textured Coating of America. Labor warranty is issued by the contracting company. There was a verbal agreement that the project would take 7 to 10 days, although on their contract it says they have 90 days to complete. The project started on 9/19/06 and the paint job was completed on 11/01/06. Although the paint job was completed they did not clean up around the house. I was completely dissatisfied with the finished work. The coating of the house is uneven, there are paints on our roof tiles, on our plants and trees around the house, the paint and tex cote are not evenly lined around the window and door framings. We've mentioned our concerns to the crew, the general manager and the owner. They offerred minor compensation and agreed to do minor clean up on the lawn. As a gesture of good faith, we agreed to pay half of the balance and the other half will depend on how much and how well they clean up.

    By law, do I have the right to hold payment until I am 100% satisfied of their job performance. Can I request for more compensation or deduct out of the balance of any clean up that they refuse to do? The contract states lifetime warranty on labor. I spoke to the owner and he said that their representative, at the time, made a mistake. Their warranty on labor is only 10 years. Is the contract binding since he refuses to issue a warranty certificate that states 'Lifetime'? Can I hold the company responsible should anything happen to the house after 10 years?

  • #2
    Re: Unsatisfactory contracting job

    You can hold back partial payment, or pay and file in small claims for a refund due to delay, poor quality etc.


    • #3
      Re: Unsatisfactory contracting job

      Would be interested in reading follow up from homeowner. Likely there will be problems like my house where Tex-cote failed in 6-9 years in patches. How do you get the remaining stuff off so you can refinish? The painting contractor will likely be long gone, or claim a hurricane or acid rain or ?? caused the failure and possibly try to do slapdash repair job. Tex-Cote may supply more product, but painting is 70-80% labor. Bottom line: What sounds like a "Lifetime Solution" may instead be a "lifetime problem."


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