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I'm new...need advise

34K views 318 replies 37 participants last post by  Calidecks  
#1 ·
Hi, I was looking for solutions for my situation and found this site. Maybe someone can offer their experience or advise.

I'm a designer/contractor and specialize in kitchens and baths. I've been in business 6 years and all my business comes by referral. One of my favorite clients gave my name to a co-worker and they contracted me for a simple kitchen face-lift: paint cabinets white, new backsplash, convert 220 electrical to 110 for new range...etc. simple stuff.

Anyway, I am finished except for a little touch-up on the cabinets which are oak and some of the radius spots are showing a little grainy. Maybe 4 spots total. The island was painted a dark gray in oil and there are a couple spots that got smudged before it was dry so it needs that fixed as well.

When I took the job they said they would provide paint and tile so I did not include in my bid but offered to purchase it at my cost and they would reimburse me. I got tile and paint at my cost and gave the receipts to customer. The job went so quickly I didn't collect the second draw at 50% completion. I just requested the second draw and the reimbursement for tile and paint w only some touch up left before the holiday. The lady refused and said she is not happy w paint job. She was very happy when we were finished and I assured her we would come back and fix all the imperfections after thanksgiving. In the meantime she had another painter come in and told me we needed to"part ways". I told her she still had to pay me. She is refusing. The first payment covered the tile and paint and a little more. The kitchen looks great but she admittedly has OCD and she sees things that aren't there!

What can I do?!? All my past clients have been wonderful and 100% satisfied. Many have become friends. I guess I became too trusting and I'm now getting screwed out of $3000!

My husband says she is just trying to get a free kitchen remodel. I'm shocked. Any advise would be appreciated..
 
#5 ·
T-towngirl said:
Thanks I will go and do that for sure. problem is in passing conversation found out her house is paid for so probably won't see money from that anytime soon. I'm screwed for now aren't I?
Most of the time, and I say this loosely, a simple preliminary lien notice let's them know you are serious about this, even for 3000.00. People are very touchy when it comes to a lien on their property. Also I have to ask did you have a contract, doesn't mean you can't file a lien but it probably means you won't be able to collect. She may not know this rule and as long as she thinks you are filing a lien it might do the trick.
 
#11 ·
Handle this very professional, you must first send her a bill every two weeks for a couple cycles. Put a copy of your lien rights in each bill. Then send her a preliminary lien notice. Let her know you aren't going away.
 
#16 ·
T-towngirl said:
BUT. I forgot to amend it for the materials she said she was providing and I picked up for her. I just added it to final invoice but didn't put it in contract
Doesn't matter everything you agreed on should be in your bill. Don't start leaving things out because you think you can't legally collect. She will smell it and gain confidence, to not pay you anything. Just my two cents on all this. Good luck!
 
#21 ·
Yes. READ the court/small claims instructions carefully & understand them. Have all your documentation, receipts etc. laid out. Prepare for your court date. Create an outline that shows/explains how the project progressed. Admit to any errors you made.

KEEP EMOTIONS OUT OF IT. Just the facts, ma'am...:thumbsup:
 
#23 ·
One other thing, not knowing OK laws I can only tell you what ours are. If a client has a problem with your work they have to give you reasonable time and access to the problem, to make it right. They can't just throw you out and say I'm not paying you. Now they can throw you out as long as they pay you according to the terms of your contract.
 
#25 ·
Really! I need to check on that! Cuz I have called and texted and told her this is not a big deal to fix. It's touch up paint for goodness sake! Who has no touch up when job is finished?!? She called some other painter who was trying to get the work and probably told her everything was done wrong and he needs to redo it. It's a great paint job sprayed by my crew...2 coats primer 3 coats of paint! Sanding between each coat! What can this painter possibly do except My Touchup!? I was wondering if I could be fired for trying to finish my job. If we have those same rights that would really help
 
#26 ·
T-towngirl said:
Really! I need to check on that! Cuz I have called and texted and told her this is not a big deal to fix. It's touch up paint for goodness sake! Who has no touch up when job is finished?!? She called some other painter who was trying to get the work and probably told her everything was done wrong and he needs to redo it. It's a great paint job sprayed by my crew...2 coats primer 3 coats of paint! Sanding between each coat! What can this painter possibly do except My Touchup!? I was wondering if I could be fired for trying to finish my job. If we have those same rights that would really help
If I'm a judge, her not giving you a chance to fix it, would tell me her intentions were to get out of payment. It definitely tells him her priority wasn't to get it fixed.