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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.