What to do if I hired someone to paint my home’s exterior but they ended up painting my neighbor’s house instead?

So I told them that the deal was off (I agreed to pay them $1,000 if they complete the job by the 10th). Did I just terminate the contract or am I still liable to pay the contractor once he paints my house? In other words, if he sues me, do I ave to pay him for damages?

Asked on June 8, 2014 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If he does paint your home by the agreed-upon date--which by now, would have happened, if it were going to (today is June 12th)--then you would have to pay him; in that instance, he would have complied with the contract (it doesn't matter whether he *also* painted your neighbor's house). If he did not paint your home by the date in the agreement (the 10th), then he breached the contract in a material, or important way, and that breach should allow you to treat the contract as terminated.


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.