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Should I have a new contract written for home repairs?
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Should I have a new contract written for home repairs?

Right now I am involved in a small claims case against a contractor that did a very bad carpentry and painting job on my front porch. I made a reasonable attempt to contact him by phone and email, but he did not respond to these. Then I went through the state's Attorney General's office. They had no better luck contacting him. Then I filed in small claims. At the first hearing, the judge ruled that I must give him a chance to return at re-do the work that was not done to my satisfaction. The contractor said at that time that it was too cold outdoors to do any work or painting, but would return this spring to "finish-up." My main concern is that he is still bound to the original contract which is very non-specific (replace rotted wood on the porch deck and paint posts and railings. When he did it the first time, he just painted over the old paint and did not prime or treat the new wood, so it just flaked off over the winter, even though he claimed it was good quality outdoor paint. I'm concerned that he's going to just keep painting over the old paint using the same cheap paint and I'll be back to square one. Should another contract be drawn up delineating what I expect in the way of preparation and paint quality? Would this negate the current contract that is under suit in court? How would a new contract effect the current case?


    




charley horse
Rating
He would have no obligation to agree to a new contract.

Best to take pictures of existing conditions to use if the work is not done properly.

Paint may have failed due to excess moisture in the wood, applying water base paint over oil base paint, failure to remove all loose paint, and using the wrong paint for the conditions.

If you know someone who is a professional painter, it would be good to get his/her opinion before the repair work is done and as a witness if
the repair work is not done properly.





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