my mother just move to fernley nv. she is 78 she hired a painter whom left a card on her door. they sucked.She wants family and friends to help fix which we will do. what can i do to help others not run in to the A__hole that tokk advange of her
Some areas require a state license, or at least a local business license even for a painter if your doing a job for pay. It's rare but it does happen. If so you can go on the states web site to see if he has a license or to your local business licensing agency to repost him doing business with out one.
File a repost with the BBB.
Small claims court.
Give them a bad report on Angies list.
All are going to require time and evidence.
Take clear pictures.
I'd doubt anyone's going to be coming to look at it. there not mind readers, and there not going to deal with a he said, she said case you need evidence.
Anything you say in public that is not true can be used as evident against you in a slander case so do not go on a public campaign using is company name.
Two wrongs do not make right.
I have to look at this from both sides, I've done jobs where The customer picked out the colors, some even supplied the paint when the job was done they did not like the color and expected me to do it over for free.
One tried to get out of paying me because she had a rusty steel pipe for a closet pole and one of my guys cleaned it up and painted it as a favor for her. She tried to get out of paying for the whole job saying she did not want it painted.
There's three sides to every story.
I can only echo and emphasize what Joe wrote.
But, first, has anyone contacted the contractor in an attempt to resolve the issues? That's a necessary first step. Otherwise the contractor can state that he/she was unaware of your mother's dissatisfaction. If he/she expresses interest in correcting the problems, make sure you get a written correction plan, details of remediation, and a timeframe for resolution.
You probably don't have photos of the "before" but do definitely take them of the "after", from every angle that shows the deficiency in painting. Close-ups and not-so-close-ups would be good - anything to show what the deficiencies are.
Did your mother get a written estimate? Contract? Save all these. Were any conversations documented? Were family members and/or neighbors or anyone else privy to the discussions? If there's no written documentation, it'll be a challenge to prove that the contractor didn't do what he/she claimed would be done.
What is the exact nature of the bad work he/she did or didn't do?
For any legal action, you'll need to specify the pre-existing condition, the scope of the work to be done, materials supplied (if any), what was done and what wasn't done, damages, and the payments involved.
If your mother can't afford an attorney and your family isn't comfortable handling a legal action, research the Nevada State Bar Association website for legal aid associations which might be able to offer some assistance with litigation.
Some communities, especially with senior departments, offer free legal advice weekly, biweekly, or monthly. Take advantage of this to help guide your complaint efforts.
Sometimes these attorneys are prowling for business so you might find one who's interested in handling a case for you. If you do, make sure to get a retainer agreement which specifies whether you have to front the filing costs, and how much the attorney will charge.
If she can afford it, retain an attorney. Navigating any legal system isn't easy. The County Bar Association can give you a list of attorneys who might handle this kind of claim.
If there was a written contract and the contractor didn't perform as specified, there could be a breach of contract and nonspecific performance issue. List the grievances against the contractor and be prepared to itemize them if you do get legal counsel. Many people just complain without providing specific information to their counsel.
The Fernley municipal government's building inspection department may have a list of good and bad contractors to recommend. This is how I found my plumber. Let them know about this contractor and ask that he be listed if they do have a "do not recommend" contractor list.
Fernley may also have a no-soliciting ordinance, including the leaving of cards on someone's door. Check this out; if he's in violation, the community can go after him.
Check with her neighbors to see if the contractor left cards on their doors as well.
Did your mother pay by check? If so and if the check hasn't cleared, immediately stop payment on it. If she paid by charge, notify the card issuer that the payment is in dispute and ask that it be withheld pending resolution.
And without being personal or insulting, if your mother has any level of confusion or dementia, the contractor would likely claim that as a counterargument, alleging that she misunderstood the scope of the work.
And don't make ANY repairs until and unless you've taken all routes possible to get this resolved. If you paint over any deficiencies, you've already in part "remedied" the situation and possibly vitiated grounds for financial or contractual remediation.
Good luck.This message has been edited. Last edited by: GardenSprite,
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