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Would a full refund be granted?

If an independent contractor who was hired to sand and re stain floors completes the job, but the client then starts seeing black spots (from extrmeley fine particles that were not fully picked up when filing the scrapers to sand the hard to reach areas) - a mix of latex stain was used (water based that caused these shavings to turn black) and offers to fix the problem by re -doing the sanding and staing complimentary but the homeowner says no they want a full refund - is there a grounds for the contractor to have to full reimburse the homeowner? PS - a balance of $4200 is still owed to the contractor for the final payment.

1 reply

Jun 9, 2020

The remedies for faulty or defective work will generally be set out under the contracts involved. If the contracts call for the work to be repaired, then that should generally be the route taken to remedy the issue. If the contracts call for a refund or some other monetary remedy, then that route should be taken. While a homeowner may be stubborn about wanting a particular remedy, ultimately, the parties involved must abide by the contracts at hand. If the owner refuses to accept the remedies allowed under their contract, then legal claims - like breach of contract - could be available (and, pursuing those claims in small claims court might be an option to keep costs down). However, if you were hired by someone other than the owner, your legal claims will likely be limited to the party you were hired by. Finally, keep in mind that if you've gone unpaid for your work, mechanics lien rights may be on the table. This is true even if the quality of work is in dispute, and it's true even if there's a dispute over what you're owed. Threatening to file a mechanics lien with a Notice of Intent to Lien will put the owner on notice that you're serious about getting paid, and it could push them to be more reasonable in negotiating with you. Or, if you were hired by someone other than the owner, that could push the customer to either pay you what you're owed, or it could at least push discussions in the right direction. And, certainly, actually pursuing a mechanics lien claim could be another option for getting paid. For more discussion on New York mechanics lien laws: (1) How to File a New York Mechanics Lien – Step By Step Guide to Get You Paid; and (2) New York Mechanics Lien Guide and FAQs.

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