How do I start a conversation with a painter who does not keep to agreements?
Questioner
Painter has made a quote for painting the woodwork on 4 houses. He was supposed to start in March, but due to circumstances of the painter he started in May. Now it turns out that he regularly does not come and always has different circumstances/excuses. In the meantime he keeps making new quotes for the things he has 'encountered'. In the beginning we and the neighbors took these quotes seriously, but after a while our confidence in the painter decreased. Always different excuses why he does not come and always new things for which he wants to make a quote. Hardly any work has been done and the work he has done has not been done correctly. The painter keeps making promises and always claims to be dependent on the circumstances (weather too hot, weather too wet, private situation, dentist appointment, he has to make a new schedule, etc.). We strongly suspect that he is lying and that he is cheating us. We would like to put an end to this and correctly put the painter in default and cancel the quotes. What is the right way to handle this? Can we put him in default because he is taking too long and there is no trust in the meantime? He will of course say that it is not his fault, but the circumstances (everything he 'encounters' while painting and the aforementioned circumstances). Will that make it more difficult to put him in default? Can we terminate the contract after the notice of default if he does not adhere to the agreements again?Lawyer
The agreements you have made with the painter (via the quotes) must be fulfilled correctly. If no term for fulfillment has been agreed, this must be done within a reasonable period. If this does not happen, the painter must be summoned to do so (within a reasonable period), whereby it can be stated that if fulfillment does not occur, he will be held liable for the damage and that you furthermore reserve all rights (and defenses). If the painter still does not fulfill (on time), you have various options, including termination of the agreement.Take the next step
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