Should I pay for original work while damage fixed?
May 12, 2015 7:03 AM   Subscribe

A licensed, insured and bonded contractor (asphalt) performed some work at my home, but due to sloppy work, sprayed tar droplets all over my home, garage door and walkway. I don't think he can fix problem on his own.

He apologized profusely and said he would clean/pressure wash everything back to good as new. Well his pressure wash now has ruined the paint job on the house and garage door. Heck, even with the pressure wash, the tar is hardly removed, and this is after his calling me yesterday saying that all was good and I should inspect when I get home. Contractor is an old timer who I fear is now in over his head. He will likely say that he will fix things, apologize profusely, and foul it up.

I am going to tell him I am going to get my own, trusted painting contractor to give me an estimate and I want him to pay for the paint job to make things whole. Reasonable? Or must I give him option to find his own guy if he is going to fix it?

Is there anyway to invoke the bonding (he's bonded for $15,000) and say I prefer to use my own guy and suggest to him to use the bond money?

Most importantly, I have not paid him the ~$2000 for the original work and have held up payment because of the issues above. Can/should I continue to withhold payment? The work is complete and I wonder if the fixing/clean up is a separate issue.
posted by teg4rvn to Law & Government (3 answers total)
This doesn't answer your direct question, but if you are looking for a contractor to fix it the keyword to search for may be overspray. I met someone who did this for a living, he specialized in dealing with removal from auto dealerships that were downstream of painting jobs.
posted by true at 7:11 AM on May 12, 2015 [1 favorite]

Check your MeMail, teg4rvn.
posted by futureisunwritten at 7:31 AM on May 12, 2015 [1 favorite]

I would suggest the work is not complete, but that may be a legal question.

Your idea sounds good: get a quote and let him bid against it with a quote from a legitimate specialist.

In any case, if you hold payment:
1. He'll have an incentive to fix it.
2. He can push any legal issue; if he does you'll have time to research, lawyer up, or pay him.
posted by LonnieK at 11:43 AM on May 12, 2015 [1 favorite]

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