Paid decorator , a few weeks later paint peeling and he won't engage in discussion

phebe3

Hello, not sure if this is the right board, or indeed if I can even do anything.  We had our hall, stairs and landing painted by a painter, who was recommended by a friend as she had used him.  He isn't a company but a one man band.  Seemed to know his stuff when we had him round for a quote so we engaged his services.  However, after the job was finished and we paid him we have realised that probably his preparation was very scant because a month or so later paint is already chipping off the woodwork , particularly noticable on the front door which was painted a different colour to previously ..and the wall paint is peeling off.  I think he rushed the job (after he'd gone I realise he had paint over OVER a spot of blu tac on the front door!) as he had given himself insufficient time to do it.  At the time I did query the time he had quoated as it's a big area but he assured me he had decorated and painted for many years and he knew what he was talking about...so I trusted him.

I did message him a few days later re the paint chipping ..and the blu tac..but got no reply.  My husband has phoned him since twice, and spoke to him, and the is a bit defensive and says he will come round to see "when he has time" telling us he is very busy at the moment.  My husband even phoned his home number and spoke to his wife who was surprised he had done a bad job etc etc and said she would have a word.  Still nothing.  My husband sent photos of the problem parts..which increase by the day to his wife as evidence. 

We have not been aggressive or nasty, and even asked if the paint was off ..he said not...although we know it's lack of preparation which has caused this  The only reason we paid to have the job done is because it is a big job, our ceilings are high and there is a lot of woodwork and wall to cover.

We don't know what to do now, we have paid for a job which was not done as it should have been.  We have his name and phone numbers but he doesn't seem to be a company,

the_lunatic_is_in_my_head

Sorry to hear OP, services must be carried out with due care and skill, where they aren't you have the right to a repeat performance.

If a repeat performance isn't possible or the trader fails to do so within a reasonable time and without significant inconvenience then there is the right to a price reduction.

This can be up to the full price paid but in such a situation typically should cover the cost of having the work redone where required to the appropriate standard. 

Letter before action and small claims really if there's no engagement. 

It might be asked who purchased the paint but if you did and it wasn't the correct stuff then the trader shouldn't have gone ahead (due care and skill covers this in my view). 

If you did and the trader claims the issue is with the paint you may want to have another decorator provide an opinion to strengthen your position. 

phebe3

He purchased the paint...in fact was very keen for me to use HIS paint ..he was a bit pushy in general tbh.  What is a reasonable time would you say? Thank you

the_lunatic_is_in_my_head

It's very subjective really, you could push for a date for him to come back and if one isn't forthcoming send the letter giving say 28 days.

If you can show you've been more than reasonable that's always a good position to be in should you need to go down the small claims route    

Undervalued

The problem is if he disputes that this is his fault you are going to need some evidence to convince a court.

Whilst your photos etc might be enough, ideally you need an expert opinion from a suitably qualified independent person (i.e. not another painter who is after the work)! You could hire a chartered surveyor or similar to inspect and write a report. Assuming that agrees with you and you then successfully sue the painter the cost of the report will be added to any damages you are awarded.

Write (don't phone) giving this man one opportunity to correct the work within a reasonable time, failing which you will proceed as above and hire another reputable contractor to make good the work and send him the bill.

Note you have a legal duty to take reasonable steps to minimise your losses. Just because he is in the wrong doesn't mean you can deliberately run him up as big a bill as possible to teach him a lesson!