Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I recommended our painter to my brother. I told him early on that this guy was going to be a bit slow as he's an older man, but the job would be very professional. Several other family members have used him as well.
At any rate, we're into the 6th week of the paint job. He has had to stop several times due to the weather (exterior job on a large wood/shingle home). He's about 3/4 of the way done and in the interim has done some interior work for other clients. My brother is frustrated and fired him this morning for breach of contract. My question is how much should he pay? He's about 1/2-3/4 done. Should he pay him about that much?
Breach of contract only happen when one of the party does not carry out the promise make in the first place. From what I'm reading, it appears that your brother is the one who fire the guy, and he couldn't do his painting job, so I don't see a breach of contract here. Usually the compensation for the breach of contract has to be decide by court, unless your brother and the painter agree to settle on an amount, then they don't need to go to court to resolve this matter.
It's my understanding that if no date is mentioned in the contract for completion, then he didn't breach the contract. He could conceivably sue your brother and win. At least that is what happens on People's Court.
Well, I guess your brother showed him! So, now he's got an exterior paint job that's half- to three-quarters finished going into a season that will only get wetter with more frequency.
Sounds like, instead of grinning and bearing it to the eventual end, your brother bit off his own nose to spite his face.
Pay the good-but-slow painter 3/4 of the agreed amount – and hope the painter doesn't take the impatient non-lawyer to small claims court.
The painter does have a very annoying type personality and my brother gets frustrated very easily. So this afternoon, I told them that I will mediate and serve as the "contractor" until the job is done... Men! LOL
The painter does have a very annoying type personality and my brother gets frustrated very easily. So this afternoon, I told them that I will mediate and serve as the "contractor" until the job is done... Men! LOL
That sounds like a completely reasonable and well thought out response- how refreshing! Around CD, it's kind of hard to find.
Well, I guess your brother showed him! So, now he's got an exterior paint job that's half- to three-quarters finished going into a season that will only get wetter with more frequency.
Sounds like, instead of grinning and bearing it to the eventual end, your brother bit off his own nose to spite his face.
Yep, and any repalcement painter is going to charge for 3/4 of a job to finish 1/4 of the work. If not charge for a full job. No company wants to assume responsibility for someone else's half-finished work and will charge a high premium to do so.
OP, what was the contract? What was the stated completion date?
Yeah, I told my brother he'll end up paying more if he holds his position...lol There really wasn't much of a contract beyond, "I will charge you $X to paint your house and I'll pay you $X to paint my house." And a handshake.
I'm going to manage the job now so hopefully all will be good.
Yeah, I told my brother he'll end up paying more if he holds his position...lol There really wasn't much of a contract beyond, "I will charge you $X to paint your house and I'll pay you $X to paint my house." And a handshake.
I'm going to manage the job now so hopefully all will be good.
Sounds like a reasonable solution.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
