HELP With Customer Complaint Threatening To Sue

 
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Old 04-13-2009, 07:15 PM   #1
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HELP With Customer Complaint Threatening To Sue


I contracted for a job to do interior painting (entire interior of a 2 bedroom condo) and some carpentry, plumbing, and electrical. The total for the job was $10,000 for my labor and she would provide the material.

A month or so after completion the owner called to complain that that there were some small spots (4-5) in the bathrooms where the paint did not adhere well. She stated the work was woefully inadequate and wanted me to strip/repaint both bathrooms and the kitchen. I stated that they were very minor and that I would fix the trouble spots but not repaint everything. She then decided she wanted another contractor to strip/repaint everything. Which she did do and now wants me to pay for the re-work for $7,500.00. My quote for the bathrooms and kitchen areas was $1,995.00. I offered to refund that portion of the contract price but she refused and is threatening to take me to small claims court and file a complaint with the BBB and the CA state CSLB.

I haven't seen any documents from the other contractor (estimate or contract). Nor do I know how much work was redone and in what areas. She sent me a copy of the small claims court documents she is threatening to file and she stated that I refuse to correct the problem and I refused to return owner's tools/supplies. Both of these and bald faced lies. During the time I was there she stated, "I am a mental defect" (talking about herself) at least 100 times. That should have been a warning but I did not heed it. Her claims are baseless and a complete strip/repainting was not at all warranted but she already had the work done. Am I screwed?

My questions are:
1. Don't I have the opportunity to bring in another contractor to provide
another estimate if she won't allow me to do the work myself?
2. What are my legal rights?
3. What is arbitration? How expensive is it? Will it appear as a complaint
against my license?
4. I'm bonded for $12,500 but that won't help with this situation, will it?

Any help you could provide would be greatly appreciated as I'm at a loss for what to do. Thank you in advance.


Last edited by BanditGo; 04-13-2009 at 07:16 PM. Reason: spelling error
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Old 04-13-2009, 07:18 PM   #2
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Re: HELP With Customer Complaint Threatening To Sue


What does your contract say about arbitration? Did you get any of this in writing?
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Old 04-13-2009, 07:18 PM   #3
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Re: HELP With Customer Complaint Threatening To Sue


What does your contract look like? You have one correct?
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Old 04-13-2009, 07:18 PM   #4
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Re: HELP With Customer Complaint Threatening To Sue


Crazy, we both posted at the exact same time, asking the exact same thing.
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Old 04-13-2009, 07:22 PM   #5
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Re: HELP With Customer Complaint Threatening To Sue


I have a contract but I make not mention of arbitration in it.
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Old 04-13-2009, 07:26 PM   #6
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Re: HELP With Customer Complaint Threatening To Sue


She must give you a chance to fix any problem she has before hiring someone else.
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Old 04-13-2009, 07:29 PM   #7
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Re: HELP With Customer Complaint Threatening To Sue


Attached is a copy of my contract in pdf format

Last edited by BanditGo; 04-21-2009 at 02:43 AM.
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Old 04-13-2009, 07:30 PM   #8
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Re: HELP With Customer Complaint Threatening To Sue


that's what I thought too mhillc. I offered to correct the problem but she refused
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Old 04-13-2009, 07:30 PM   #9
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Re: HELP With Customer Complaint Threatening To Sue


Was all communication in writing? Anybody can sue anybody, if you offered a solution I don't see where she has a case. But I'm only authorized to practice Ohm's Law.
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Old 04-13-2009, 07:31 PM   #10
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Re: HELP With Customer Complaint Threatening To Sue


Like everyone posted, more details. Did she pay you in full when you were done? That is acceptance of work as installed. You don't mention this.

In MI small claims cuts off at $ 3000.00. what is the limit in your state.

Let her rattle around and don't panic. there is plenty of time to settle if you have to and she might go away.

Just remember, "if you're not getting sued, you're not doing enough business".
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Old 04-13-2009, 07:31 PM   #11
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Re: HELP With Customer Complaint Threatening To Sue


You made the offer to fix it.
She declined and paid $7,500.00 to have it done by another contractor?
I smell Bull $h!t.
Simply explain to her that you made an offer to fix it and that is as far as you are reqired to go.
Do not be afraid of going to court.
If you have described the entire situation I do not think it will ever get there.
Keep us posted.
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Last edited by Mellison; 04-13-2009 at 07:34 PM.
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Old 04-13-2009, 07:33 PM   #12
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Re: HELP With Customer Complaint Threatening To Sue


How did you get your license and not know what arbitration is???

And no your bond will not help.
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Old 04-13-2009, 07:36 PM   #13
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Re: HELP With Customer Complaint Threatening To Sue


I did the work myself. She paid in full upon completion. Nothing was left out in my description and all correspondence with her is documented and sent to her via registered mail.
If it will help I will post the letters I sent to her.
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Old 04-13-2009, 07:36 PM   #14
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Re: HELP With Customer Complaint Threatening To Sue


See if she will let you in to see where the problems were and when she shows you grab her by the gullet and push her head in the wall and tell her to get someone to fix that.
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Old 04-13-2009, 07:38 PM   #15
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Re: HELP With Customer Complaint Threatening To Sue


I know what arbitration is. I just never went through it so I don't know.
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Old 04-13-2009, 07:38 PM   #16
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Re: HELP With Customer Complaint Threatening To Sue


that's funny mhillc but not an option

Last edited by BanditGo; 04-13-2009 at 11:23 PM.
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Old 04-13-2009, 07:41 PM   #17
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Re: HELP With Customer Complaint Threatening To Sue


Quote:
Originally Posted by mhillc View Post
See if she will let you in to see where the problems were and when she shows you grab her by the gullet and push her head in the wall and tell her to get someone to fix that.
WTF?
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Old 04-13-2009, 07:41 PM   #18
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Re: HELP With Customer Complaint Threatening To Sue


Quote:
Originally Posted by mhillc View Post
See if she will let you in to see where the problems were and when she shows you grab her by the gullet and push her head in the wall and tell her to get someone to fix that.

Relatively speaking it sounds like $3,000.00
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Old 04-13-2009, 07:42 PM   #19
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Re: HELP With Customer Complaint Threatening To Sue


Quote:
Originally Posted by Mellison View Post
You made the offer to fix it.
She declined and paid $7,500.00 to have it done by another contractor?
I smell Bull $h!t.
Simply explain to her that you made an offer to fix it and that is as far as you are reqired to go.
Do not be afraid of going to court.
If you have described the entire situation I do not think it will ever get there.
Keep us posted.
I'll go x2 on this one. She's trying to k ya
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Old 04-13-2009, 07:44 PM   #20
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Re: HELP With Customer Complaint Threatening To Sue


Quote:
Originally Posted by Mellison View Post
Relatively speaking it sounds like $3,000.00
Meaning what?
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