Customer Complaint - Contractor Talk - Professional Construction and Remodeling Forum

magnum217 · 08-07-2007, 07:46 PM

Just had a customer notice very tiny overspray on his audio 7 weeks after we finished the job. He is now trying to sue us. Is he legally allowed to do this, or is their a time frame for this? Also I am in Rhode Island.

Celtic · 08-07-2007, 07:49 PM

The short version:
You can sue anyone at anytime for any reason at all.

The long version:
Did you get paint on their car?
How much would it cost to have the car's exterior detailed (and write it off as "advertising"

)?
How much do you stand to gain by fighting with a customer over this?

PressurePros · 08-07-2007, 08:02 PM

audio as in stereo equipment or his Audi automobile? That overspray could come from anywhere if we are talking outdoors. Take a look at it. If you did it. Own it, fix it and move on.

Ps: Nice first post LOL.

welovepainting · 08-07-2007, 08:04 PM

dont let him sue you show up with a buffer or sub it out. We have had to buff over 50 cars before

mdshunk · 08-07-2007, 08:05 PM

If you did it, why wouldn't you make it right???

Don't sweat it too bad. That's what insurance is all about. You do have insurance, don't you?

Celtic · 08-07-2007, 08:07 PM

Quote:

Originally Posted by mdshunk

Don't sweat it too bad. That's what insurance is all about. You do have insurance, don't you?

How many "advertising" dollars does it take to equal one "insurance" dollar

mdshunk · 08-07-2007, 08:39 PM

Quote:

Originally Posted by Celtic

How many "advertising" dollars does it take to equal one "insurance" dollar

Either way, they're both viable options. If it was me in a similar situation, I'd want to see how many dollars we're talking about. Not so much, just pay for it and call it advertising or cleaning expense or whatever you want. If it's a larger amount, just let the insurance people take care of it. In either event, while it's certainly a shame, it need not be a point of great stress.

MarvinWilleyJr · 08-07-2007, 09:26 PM

Try to reason with the guy. Tell him it took 7 weeks for him to notice it....it can't be that bad. And does it really hurt anything, can it be cleaned off.....etc.

Years ago we had a couple get us to take a pool table apart and load it up in a SUV. We told them it was a bad idea to stack the slates, but if they were carefull and drove easy....they should be ok. But in no way are we gonna be responsible.....It was their only option and they decided to do it that way. A month later they called and said that their slates were broke and they were gonna sue us.....lol...

They drove around for 3 weeks before they headed out of town and forgot the slates were back there. They made a few threatening phone calls, but nothing ever happened.

Celtic · 08-07-2007, 09:34 PM

Quote:

Originally Posted by mdshunk

Either way, they're both viable options. If it was me in a similar situation, I'd want to see how many dollars we're talking about. Not so much, just pay for it and call it advertising or cleaning expense or whatever you want. If it's a larger amount, just let the insurance people take care of it. In either event, while it's certainly a shame, it need not be a point of great stress.

Agreed.

I would wonder if the insurance deductible would even cover the cost of detailing an Audi 7 ?

mahlere · 08-07-2007, 09:37 PM

Quote:

Originally Posted by Celtic

Agreed.

I would wonder if the insurance deductible would even cover the cost of detailing an Audi 7 ?

An Audi 7, yes....but a BMW 3 series, nope....

ModernStyle · 08-07-2007, 09:57 PM

clay bar from autozone works good for removing overspray, when i worked industrial jobs we had to paint a bunch of exteriors on factories and stores, the Boss used to buy all the clay bar Autozone had before he sent certain crews out. It is alot easier to use then a buffer if you dont know what you are doing.

POOLMANinCT · 08-07-2007, 10:12 PM

Quote:

Originally Posted by PressurePros

audio as in stereo equipment or his Audi automobile? That overspray could come from anywhere if we are talking outdoors. Take a look at it. If you did it. Own it, fix it and move on.

Ps: Nice first post LOL.

well said...

& btw it is a typical first post..... a guy has a prob & hits the www looking for an answer. that's how I got here & I'm sure many others.....
& welcome to the board.

ps a fewyears working on your own you'll laugh at what stressed ya' out in the "old days"

ray

daArch · 08-07-2007, 10:56 PM

Quote:

Originally Posted by magnum217

Just had a customer notice very tiny overspray on his audio 7 weeks after we finished the job. He is now trying to sue us. Is he legally allowed to do this, or is their a time frame for this? Also I am in Rhode Island.

Rhode Island ??? You're lucky he's talking only to a lawyer and not one of Buddy's associates

no seriously, YES to those who say own it and fix it. NIX to those who say weasle out of it.

As I always say, making a mistake proves you are human, what you do about it proves what KIND of human you are.

**slickshift** · 08-08-2007, 07:28 AM

I'm assuming it's an Audi....

I try and be a stand up guy
And if MY customer noticed this even a week later, I'd get out the clay bar (<-works great) or spring for a detailer no problem no questions

After nearly two months however....I wouldn't be rushing right over there to fix it...or assuming it's mine

7 weeks?
Man...a lot could happen in 7 weeks

I'm not saying I'd try and "weasel out of it"
I'm just wondering why it took 7 weeks for the customer to notice it
It certainly warrants more investigation IMO
At least check to see if it's even the same color and is an area where it was even possible I could have oversprayed on it
And ask him why it took nearly two months for him to notice it
Now if I thought for a moment it was me, or even if there wasn't evidence it wasn't me, I'd take care of it
But a lot can happen in two months

But as for the questions posted
Yes, anyone can sue anyone for anything at anytime
(That doesn't mean anyone can win)
There is no time limit
However, with a case like this the judge (or more likely lawyers trying to settle w/o getting that far) will take the time into consideration
I'm sure the judge would be just as curious as I am as to why it took so long to be noticed, and question whether or not it was this painter

If you are sure it's yours though, just clean it up (or have it done)
You don't even want it to get to lawyer time

daArch · 08-08-2007, 03:39 PM

well what do you know, a coincidence.

Today I got a call from the painting foreman on the last job I papered (with two others) . LARGE job on Beacon Hill. Big $$$$.

He says that he just noticed four deep gouges in the 4th floor banister. Will need to be sanded to bare, re-stained, and finished. The building manager is "suggesting" we did it with our planks.

Now, I'm 85% sure we did not do it (only fools are positive). The 8-13 foot plank was moved down the back stairs. I am having a real hard time accepting this was done by us, but you know, once the figure is pointed.......

I'd love to cast suspicion on the electrician helper who on friday made me REAL nervous with his ladder as he walked up the stairs, but the finger has been pointed.

I called the painting company owner and told him although I have a hard time believing we caused this, that I accept responsibility and for him to fix it and back charge me (we subbed for him). (He's a good guy, said cost would be reasonable and thanked me for the call)

What other course of action is there? SH!T happens, deal with it. Learn from it

dougchips · 08-08-2007, 03:59 PM

Quote:

Originally Posted by daArch

that I accept responsibility and for him to fix it and back charge me

You will get more jobs from that GC because of your attitude.

To the original poster:

How did the word "sue" every enter into the conversation? I can understand the guy calling and saying you did $400 in damages and how do you plan to re pay him.....OR "hey you got some paint on my _____can you come and clean it off". If you left the clients house and the client was happy with you and your workmanship then the word sue should of never been mentioned.

Unless you got all pissy with him on the phone?

I would generally suggest repairing the damage or paying someone else to repair the damages and hope for referral work to cover the cost because you are a stand up guy.

side note- do not let spellcheck correct the word pissy, it likes a bad word.

Joewho · 08-10-2007, 03:43 AM

Put in writing that you would like to resolve the situation with him. Make sure he gets it and have proof that you gave it to him.

Call him to make arrangements to look at the car, make your own determination, and if you did it, negotiate with him to make it right.

If he takes you to court without any attempt to resolve the situation, usually a judge won't let him sue you. You must be allowed to at least look at the alleged damage.

MarvinWilleyJr · 08-10-2007, 11:18 AM

I have a great question.......

Has the guy ever responded to if it was AUDIO...equipment?................or
Was it an AUTO?.......I believe he ment AUDIO, 7 weeks ago ( not AUDI 7 )

Workaholic · 08-10-2007, 05:36 PM

I think he meant audi 7, simply because after googling audio 7, it would be a dj mixer board.
Still plausable i guess. I did'nt chime in before because i figured the guy would clarify.

MarvinWilleyJr · 08-10-2007, 05:47 PM

lol......the 7 don't go with the audio........the 7 is for weeks.