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Got a call from the wife about 2PM, saying Midlife is on a flatbed, being unloaded in front of the garage. Apparently, the painter had enough of me and/or the car. I went to his house, and he was busy buffing, and his son said he'd ask Chris to call me at home. I get home, rearrange all the panels so I can get the car back in the garage, and now here I sit, wondering what the hell to do. I have no idea what gives.

The painter was paid $1300 for materials and $2000 as an advance near Thanksgiving, as he requested. Is that a fair price for the work that already has been done? Total estimate was $4500 plus materials.

Now I have to find another painter, willing to finish or redo the job. With the majority of panels already painted, is color going to match? I have to find out the brand and color Chris used; otherwise, all the work has to be done over.

Oh man, am I screwed. If he doesn't call tonite, I won't be back in town (I have to travel on business) until Saturday, and even then, I have to work that day.

Crap.
 

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Sounds like you're getting shafted Mid :(
Maybe a case for small claims?
 

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why isn'y he finishing the job?
why pay him 3300 for a partial job that has to be redone?
 

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Damn, that is one hell of a curse you have.

Unless he gives you the materials he has left, I think the money you already gave him it too much for the work performed, even then, I don't think it's $2000 worth of labor.
 

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It was a fair price, trust me. You screwed up big-time here. Call the guy's wife? WTF were you thinking? Just let it go now and move on. Start talking to folks and resign yourself to shipping the car to wherever to have the work completed. Count on transport expenses and a premium to have someone else pickup where he left off - never something anyone wants to do.

Call they guy's wife. Holy crap is that the king of bad ideas. I know who's getting the Doofus Award this year.

-bob
 

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I agree, you paid to much......Did they bill you for the tow as well? I think its kinda Shi77y how he handled it, what if you were not at home, would you be out storage fees on the car until they could deliver it. What if you had been out of town on business and he had your car dumped in your driveway for your wife to deal with until you got home, several days later.
 

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Boy you did piss him off.
Time to cut bait on this guy. Tell him you'll never darken his doorstep again if you can get the left over paint/materials you paid for. Hopefully you can give them to the next painter for a better chance at a match.
 

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Randy:

What did the guy say to your wife when he dropped off the car?

At the very least, he owes you an explanation about his unilateral abandonment of his contract with you. Artist or not, he has breached the contract without apparent cause and legally may be liable to you for additional costs, if any, incurred by you to complete the original contract.
 

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You got a call from his wife or your wife (assuming you are married)????? Did you actually call his wife earlier?

At this point it probably doesn't matter. The key issue right now is did the painter earn the moneys you fronted him? The amount sounds like about 60% of the job. Did he do 60% of work?

I don't see at this point anyway you'll ever be able to take the car back to him so why not file a small claim against him? What does it cost and hurt if you do this? I would sit down and document as much as possible what happend and how much of the upfronted $$ he has done.

Meanwhile the biggest hurdle at this point is mentally getting over this shock and find another painter. That's the easy part. The hard part is for you to mentally be convinced that you're not simply jumping from one frying pan to another.

Randy, Very sorry to hear about this.
Craig
 

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What a jerk. Period. The guy deserves the receiving end of an open can of whoop-a$$.
I'd have to agree though, just cut your losses and move on; nothing good can come from any interaction with this guy at this point.
 

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Randy:

What did the guy say to your wife when he dropped off the car?

At the very least, he owes you an explanation about his unilateral abandonment of his contract with you. Artist or not, he has breached the contract without apparent cause and legally may be liable to you for additional costs, if any, incurred by you to complete the original contract.
I agree 100%. When a contract is breached, the party that DID the breaching is responsible to place the party that did NOT do the breach in the same position had the party not breached the contract. You got lucky in the law in that HE clearly breached the contract by abandoning the job and dropping the car off unfinished. Technically he is not entitled to any of the $$. Legally, he would have to pay YOU, minus the $1,200 offset for what he was not paid, to have someone else complete the contract HE breached. You can win these cases in small claims court yourself pretty easily. Or, you can kiss your $$ goodbye and start all over again. If I were you I would calmly explain the principle of breach of contract and ask him whether he would like to work this out amicably or in court. I WOULD also have the same conversation with his wife so that she knows what's cominh if he doesn't square up with you. Also, a suit lets everyone else in town know about what he did to you so it does not happen to anyone else.
 

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I second that. Legally you're in the clear. If I had to guess I'd say he just bit off more than he can take with the amount of time he has.

Sooo....I'd go over there and explain you'd like a refund, or you will be foreced to servve him with the dreaded "notice to appear in court" paperwork.

Or you could always let my friends Mr. Smith and Mr. Wesson do the talking for you. :sniping:

This guy's as jerk. Drill a new one in his backside :chainsaw:
 

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I wish I knew what to say other than that really sucks man. Good luck getting it all sorted out. I'll be sure to send some Blue Bunny your way.
 

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Randy,
If you are going to be away and do not get a call tonight, I'd sit down and write him a registered letter as calmly as possible stating your fustrations with his actions, reminding him that from where you stand it seems he has breached a contract with you and you were hoping to find a reasonable way to settle this issue. Sometimes it's better to be vague this early in the game as compared to telling him you are going for his jugular veins.

But if he just blows you off, call first and then send a 2nd letter telling him that he has left you with no choice but to seek legal means to collect the monies you gave him for a job he did not complete.

Phone calls normally help get things going but for legal purposes always follow up with a letter, in case you need documentational proof for a judge.


Meanwhile, be sure to quietly let all fellow Florida VMFers know who this guy is in order to prevent others being victims as well.
 

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This kind of BS is why I'll be painting my owns cars. First, I'll have to get an air compressor, then the proper equipment for painting, then I'll have to practice a lot, but in the end, I'll be able to avoid not having my car for seven months (or a year, in some cases) and dealing with jerks like this guy.

Maybe his wife got on his case really bad because you called her, and it pissed him off! :eek:
 

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My condolences. A big problem many of us have had is that we end up at shops that only do jobs like ours on the side. In my case some of the repairs weren't done right and had to be redone.

You end up with both parties to the transaction feeling ripped off. There are no good solutions.

I would speak with him and ask for the materials and a refund.

If that doesn't work out file a claim, you might as well.

On no condition do you want this guy to take the car back, you'll be better off having someone else finish it.

Good luck.

John Harvey
 

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Discussion Starter #20
The guy didn't say anything to the wife when he dropped the car off.

There was no written contract, just an agreement and a handshake. I guess that was not the best thing to do, but my feelings at the time was that that was the way he wanted it to be done. I don't think pursuing him through the courts will do much good.

Unless he calls back tonite (doubtful), I will give it 1-2 weeks and contact him once cooler heads have prevailed to determine how best to settle things out.
 
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