# my painter did not fallow the contract



## jaskoo (Oct 25, 2005)

I used painter to paint my custom built house. We signed contract for: $14,500 to paint interior using a best paint from Dunn Edwards. In the contract he specified, that he will use *"first class paint" *and using second class paint will be $ 13,500. Ok I wanted and signed for first clase paint. After he finish approximately 1/2, I find out that he is using 
cheapest paint from DE. and mixing 1/4 of bucket water with paint. I immediately stop his work and ask him for proof of paint and amount used. He refused to provide me with those information. He don't have any bucket left ower or emty on my jobside. What should I do? How can calculate amount of paint that he suppuse use on project. Thanks....


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## Tommy Plumb (Oct 7, 2006)

jaskoo said:


> I used painter to paint my custom built house. We signed contract for: $14,500 to paint interior using a best paint from Dunn Edwards. In the contract he specified, that he will use *"first class paint" *and using second class paint will be $ 13,500. Ok I wanted and signed for first clase paint. After he finish approximately 1/2, I find out that he is using
> cheapest paint from DE. and mixing 1/4 of bucket water with paint. I immediately stop his work and ask him for proof of paint and amount used. He refused to provide me with those information. He don't have any bucket left ower or emty on my jobside. What should I do? How can calculate amount of paint that he suppuse use on project. Thanks....


I'm not familiar with Dunn Edwards brand paint and it's quality but I'm going to assume it's a decent regional brand. 

It sounds a little odd that he won't provide proof of what he used. When I do a job I keep every receibt in a folder just for that job. If a customer wants to see somthing I pull it out and they're welcome to look through it.

I'd read the contract carefully. It most likely doesn't say he will use the best paint DE offers. It probably says he will use a quality Dunn Edwards paint or somthing to that effect. A lot of guys do that around here, they say they will use "a quality Benjamin Moore paint" then use the Benjamin Moore contractor grade paint. It is a quality paint, much better than what you buy at Home Depot but it isn't the best that Benjamin Moore offers. If he worded it like that, it means he is free to use any paint from that brand. I'd guess the "second quality" would be another cheaper brand. As for thinning it with water I see that happen pretty often. Are you sure you're not exagreating? Unless DE paint is the thickest stuff I've ever seen 1/4 gallon of water in 1 gallon of paint will give you some nearly unapplicable nasty mess.

As for what to do, read the contract before anything. If it does indeed say he will use the best paint offered by DE make sure that he makes good on it. If it doesn't say that then you really have no legal recourse, just make sure he uses it on the rest of the house.


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## 747 (Feb 11, 2005)

If i'm paying some guy 14,500 dollars i better be getting a first class paint and job. I have never heard of that brand either. Its probably a regional paint. I'm sure slickshift will be by but then it is the weekend. If so he will know what to do. Tmb9862 is also giving good advice.


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## jaskoo (Oct 25, 2005)

*my painter did not follow contract*

Dunn Edwards is SW. Company, they provide paint for Ca, AZ, NE.
He used cheapest paint from DE. and label on the bucket says: only 8 OZ water pro galon, allso paint is recammended for: appartments, condominiums and commercial buildings, not for 2 mil. custom house.
If I proof that he is using second quality paint and mix too-much water, what is my rights? thanks........


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## majakdragon (Sep 16, 2006)

A contract is a "legally" binding vessel. If you can PROVE that the contract was not followed, you will probably end up hiring an Attorney. Make sure you have every piece of proof you can obtain, and then discuss this with an attorney. Sometimes a letter can change things in a hurry. Other times, you end up in court. Do not delay with whatever process you are going to follow.


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## bigchaz (Jun 28, 2006)

You're going to have a very difficult time proving how much water he used in the paint

And its also going to be difficult to define what exactly makes "first class" and "second class" paint. Painter will claim first class is what he uses as his top paint on all jobs...even though it is still cheap stuff.

Good luck


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## KUIPORNG (Jan 11, 2006)

The best is you haven't paid him the full money yet or hold off paying him... if you did... you should let him finish the job and sue him after work, you may win or lose but if you win you should be able to get some money back... if you lose ... at least you don't need to live in a house which is halfly painted.... if you cannot get receipt from him.... you can also recorded that in a cascasette or video ..etc... as this can be evident itself in the court... but try to be nice with him in the mean time until he finished...


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## jaskoo (Oct 25, 2005)

I filed complain to registrar of contractors, and they give him 10. days to proof what paint and amount he used. I give to him so far $7000.00
and I will be happy if he is willing to return some of that monney. He finished so far about half of work. Tanks for replays.....


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## Hamilton (Nov 1, 2006)

We use Dunn-Edwards 100% of the time, unless the customer demands something else. Adding that much water is rediculous and the sign of a "blow and go" painter. 

DE has at least three grades of paint, we ALWAYS use the premium grades - when all is added up, it doesn't cost _that_ much more.


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## jaskoo (Oct 25, 2005)

he said that he did three grades, but I don't believe it. he does room by room, using roler, not sprayer. If you use Dunn-Edwarda, than you are fammiliar with "Wallton" brand. That what hi is using on my house. Thanks for replay....


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## Hamilton (Nov 1, 2006)

We use Walltone, but only on ceilings because it is so flat in appearance. Walltone is a maintance quality paint and will not accept deep color tints; the premium grade interior flat would be Decovel :

http://www.dunnedwards.com/retail/c...nts&category_name=Interior+Flat+Paints&Page=1

If your walls are being painted with Walltone I hope you don't have any kids... 

In his defense, we prefer to roll walls/ceilings also as the texture and thickness of paint comes out to be much more consistant. If we do use a gun it is mostly used to "apply" the paint as we then immediately back-roll the walls/ceilings to "pound" the paint into place.


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## jaskoo (Oct 25, 2005)

Thanks, that will help.


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## AllGoNoShow (Aug 8, 2006)

jaskoo said:


> he said that he did three grades, but I don't believe it. he does room by room, using roler, not sprayer. If you use Dunn-Edwarda, than you are fammiliar with "Wallton" brand. That what hi is using on my house. Thanks for replay....


I certainly do not mean to be insulting, but how does someone who lacks (at least in this particular response) basic english, spelling and vocabulary skills afford a $2 Million dollar house? 

Not starting a fight...just curious. Maybe I should change professions 

Nick


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## jaskoo (Oct 25, 2005)

just to let you know that english is my third language. sorry for mistakes, but most people understood my question. not only people who speak english can make millions. is your curiousity satisfied?


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## slickshift (Aug 25, 2005)

AllGoNoShow said:


> ...how does someone who lacks (at least in this particular response) basic english, spelling and vocabulary skills afford a $2 Million dollar house?


They have millionaires in other countries dude
:laughing: 


Sorry, just bustin' ya
:wink:


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## AllGoNoShow (Aug 8, 2006)

jaskoo said:


> just to let you know that english is my third language. sorry for mistakes, but most people understood my question. not only people who speak english can make millions. is your curiousity satisfied?


Yes  I just figured everyone on this forum would be from US and speak english as first language-shows how ethnocentric I am! Your 3rd language is much better then my 2nd language...and probably more useful as well (i took latin!).


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## yummy mummy (Sep 11, 2006)

*algonoshow*

Now how can you be so insulting to this person.

You don't have to spell to be rich......

you just have to understand money.


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## AAPaint (Mar 4, 2006)

In every contract I write I specify exactly which manufacturer, which line of thier paints, and what sheen and color will be applied to each and every surface in the house. These things should not be a question to the customer...after all, they constitute everything the customer is receiving from my company as a service. 

Terms like "top line" paint or "highest quality" etc are not brand names. You should know exactly which product the painter intends to use prior to signing anything!!! I would say if he hasn't already told you the name of the paint and the reasons he wants to use it for your particular project, and is using sketchy terms, you probably should have kept looking. If you were hiring me, you would even know what brand of caulk I intended on using, and how long it's supposed to last. 

Each brand of paint has a specific warranty from the manufacturer, which we pass along to all of our customers. With his sketchy details, how long did you expect the $14,000 paint job to last? He could have used cheap 6 year warranty paint instead of 25 year, or even lifetime warrantied paint because there is no specification. 

Did the roofer say he was using first rate shingles, or did he tell you what type, how long they are intended to last, etc? I mean, there's a big difference in a 25 year and a 35 year roof both in cost and benefits. Or asphalt and spanish tile. 

When all of this is explained to you during a walk through or initial contact with a contractor, then you will know you are on the right track. 

If you have questions un-answered, or details either ill-defined or under defined, ask those questions, and get the details in writing. When hiring a contractor, understand that all you have in the end is the contract.


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