If a painting company want us to pay for painting they did not do but that we ended up doing, do we still have to pay?

The company had told us verbally before contract that they would have a carpenter and painter on site but only provided one man on the job who was not a carpenter and therefore work was going very slowly. The heat wave hit us and on one cooler Sunday my daughter and I painted 64%of the first coat to try and get things moving. They now want to charge us for that saying we are in breach of contract. However they did not issue a new contract for all the additional work we had done and have paid for.

Asked on August 13, 2012 under Business Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to carefully read the terms of the presumed written painting contract that you signed in that its terms and obligations control the obligations owed you under the agreement. If there was a due date for completion of the painting project and its had come and gone before you started the painting on your own you would not have to pay for the full amount of the contract. You would be entitled to some form of a reduction in the contract amount under the law.


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