# Deck staining nightmare



## Jay123 (May 7, 2008)

I wouldn't think about an attorney (yet), usually it's the lawyers (and not their clients) who win in a lawsuit.

How much was the contract for and did it spell out about the sanding, clean-up, warranty etc?

Just going by what you have described (post some pics if you can) it doesn't sound like a very good job or like someone who knows what they were doing.

J


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## sirwired (Jun 22, 2007)

What a clown. If he doesn't want to be doing cut-rate jobs, he shouldn't be submitting cut-rate bids.

Some observations here:
1) Most (but certainly not all) contracts specify something like "work will be done in a professional and workmanlike manner". It certainly sounds like this was not.
2) He could theoretically file a lien on your house and/or file with a collection agency for non-payment. If this happens, I would just cut my losses with the $150 payment and a good 'ol BBB complaint. (They won't fix anything, but it can act as a warning to others.) Unless you really enjoy fighting, it just wouldn't be worth it in my mind. You might eventually win, but the stress would be waaaayyyy more than the $150.
3) It sounds like this guy is such a pathetic operation there is no way you are going to get him to actually fix his mistakes and do the job the way it should be done. Does he even know how? I would think proper pressure washing would be the FIRST thing you would learn if you worked for a deck finishing business, much less ran one.
3) Unless he tries the legal stuff mentioned in 1), I wouldn't even pay the $150, assuming the contract specifies that the work would be done in a professional manner. You are going to have to buy more materials yourself to do the job right, so unless he legally goes after you, I see no reason to pay for the material he essentially wasted.
4) I see the chance of getting him to pay your expenses to have the job done right as approx. ZERO. However, if he has insurance, they may pay up under the liability coverage. But frankly, I doubt he has insurance either. Without insurance, the only way for you to get that money is to win in small claims, and then, if the option is available in your area, get the Sheriff to seize his truck, if we make the bold assumption it isn't mostly owned by the bank.
5) I actually don't think he'll go after you with a lien, but to file with a collection agency is approx. free.

SirWired


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## sk8z (Nov 7, 2007)

Update - I got home last night and checked out the 'fixes' myself. Things they did fix (I use that term loosely): 

1) Sanded all hand rails smooth...although this obviously also lightened the stain in the areas where they sanded more than others. Now i've got smooth, but blotchy rails. 

2) Removed most of the stain from the concrete. They missed a few small spots, but did get this up for the most part. It did leave the concrete really, really white in the areas they worked on which now sticks out badly. It's only concrete so whatever. 

3) Removed some of the stain from the siding. They got the dark heavy drops off, but the stain 'haze' still remains from where they wiped and spread a thin layer of stain across large sections of the siding. 

That's it...all the balusters are still caked with stain, the underside of all the top rails are still unstained, numerous spots between the aluminum balusters remains unstained (or vice-versa...caked on way heavier than the surrounding wood to the point where it has basically pooled and dried and is now shiny). There left numerous decent size pieces of used sandpaper scattered on the ground under the deck. They left a 3 person swing (which they moved off the patio into the yard to get it out of the way) in the middle of the yard. Oh - and I love this...they used my hose which is on the side of the house. No big deal, however they pulled out about 60 feet, dragged it through my landscaping (broken flowers), and just left it lying in the yard. :laughing: This is so bad it's comical. 

Anywhooo...let this be a lesson...don't always go with the lowest bidder. I did not have a contract with this guy (maybe lesson #2). It was a pretty small job (according to him), and we just hashed out the details over the phone after he gave me his quote. Powerwash and stain...seemed pretty simple and he talked a good game like he knew his stuff. What amazes me is i've seen this guy's ads for years so I know he's been around for a while. His flyer says since 1985! You are right Sirwired - i'm sure this guy doesn't have insurance. I looked at the flyer he put his quote on and it does not say anything about being insured. Pretty sure the operation is just him and a helper. Probably not worth pursuing any sort of legal options, and I DO NOT want him back doing anymore of this handy work. Maybe my first clue should have been his not so masterful command of english. He's Mexican and sounds like he just crossed the border. My wife said his helper was even worse. I'm not racist, but this guy is certainly not helping the stereotype. 


Anyway - anyone know the best way to remove oil based stain from vinyl siding, concrete, and aluminum balusters? Powerwash, mineral spirits, gasoline, etc? Should I put a 2nd coat of stain on the blotchy toprails, or will this make them too dark having a 2nd coat?


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## shasta37 (Feb 16, 2008)

Dude- If you can't cough up the time-off work to supervise a high dollar construction job... and assuming you had a job Specification and Scope of Work up front... and dumping all responsibility for end results on your Wife is, well...

Verbal's don't cut it. Cell phone supervision doesn't cut it.

'Bout the only recourse you have is a withold final payment until satisfication; assuming that's in the work ontract.


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## sk8z (Nov 7, 2007)

Shasta - I know they're long, but did you actually read them? High dollar construction job? It's a simple stain of a deck. :laughing: About a $500 job, including materials. I should take time off work to supervise the staining of a deck (of which I have no experience myself anyway)? So whenever a homeowner contracts out work to be done they should take time off their job to supervise? Hmmm...by that theory I should have taken three weeks off work last November while the company I hired built the deck. Makes sense. :huh: And what responsibility did I dump on the wife again? Having her look at the deck when i'm not home and call me is a responsibility? For your information my wife is always very involved in all our home projects by her choice. Besides, a) She works part-time so she was home anyway, and b) she's probably more of a pitbull than myself who i'm sure took great pleasure in ripping into them about their piss-poor work. 

Thanks for the very helpful reply though :wink:


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## cniner (Dec 28, 2009)

I hear these stories about the start up ALL the time a spend a lot of time fixing other companies poor stain jobs. A least he did not get over spray all over the vegetation because that is the only thing that can't be corrected. Give us a call and we can come out to correct the issues you have. We contract all work with out any deposit. We have cleaned all types of surfaces over the years. We HAND brush all products for these exact reasons. 

http://supremedeck.com/


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## lopek77 (Mar 7, 2009)

Complaining now about stains all over your property and bad quality job sounds funny. Seems to me like you have never read estimate ( you didn't see info about insurance ), you never talked to the guy before ( bad English complains ) ....

My father was always saying that he is too poor to buy cheap stuff.

Here is another truth about services :

good-cheap ain't fast 
fast-cheap ain't good 
good-fast ain't cheap 

Another thing is that most Mexican owned "power washing" businesses are good with landscaping work but not with power washing. Power washing for them is an add on business only.

Would you hire electrician to do your plumbing work ? 

Here is my movie showing some custumer DIY project which went wrong. I love doing everything by myself , but if I'm not sure of something - I'm calling a pro.
http://www.youtube.com/watch?v=rWnFPfgYUiY


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## housepaintingny (Jul 25, 2009)

With out a signed contract there is not much you can do, I wouldn't pay him, because with out a contract there isn't much he can do either. Any reputable contractor would not stain a deck this time of year no less do a job with out a written proposal (not on a flyer) followed by a written and signed contract. Lowest price isn't always the best, you need to know in writing exactly what your paying for and the value of the service your receiving. Always check references and ask to see proof of insurance, photos or videos of past jobs.


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## chrisn (Dec 23, 2007)

You guys realize this post is 7 months old?


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## Scuba_Dave (Jan 16, 2009)

Yeah, 2 people posting advertising links brought it back up
......must be the Christmas spirit that kept me from banning them


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## Kevin M. (Nov 26, 2009)

Scuba_Dave said:


> Yeah, 2 people posting advertising links brought it back up
> .....*.must be the Christmas spirit that kept me from banning them*


HO!HO!HO! out you go......... :laughing:


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## lopek77 (Mar 7, 2009)

Scuba_Dave said:


> Yeah, 2 people posting advertising links brought it back up
> ......must be the Christmas spirit that kept me from banning them


Happy New Year Dave !:thumbsup:

BTW .. I forgot to mention one thing .... I broke my back 4 months ago doing some diy project around my house ... 10 feet down from the roof ... ouch 

BE CAREFUL !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


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## Jay123 (May 7, 2008)

chrisn said:


> You guys realize this post is 7 months old?


actually it's 19 months old...may...2008 :yes:


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## lopek77 (Mar 7, 2009)

Jay123 said:


> actually it's 19 months old...may...2008 :yes:


It's a repeating problem anyway. 
Happy new year everyone !arty:


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