I bought a foreclosed home and due to our loan agreement with my lender i had to have the home's exterior painted. The contractor who was choosen had some issues pop up (paint blistering/peeling soon aftrer painted). we made a $1000.00 depoist and last week I did a walk throught with the contractor and had him fix some stuff and then i signed off on the final invoice. The bank took a week and half to release my money from escrow to pay him but now since i signed there has been new blistering/ bubbles in the paint and I call the contractor this weekend and complained and he said he would fix the problems when he got paid the rest of the money. A couple hours later the mail came with the check from the bank. he did half the work today and refused ro do the rest intill i hand him the money.
Construction / Development Lawyer
Without knowing the specifics of your agreement with the bank or the painter, you said you signed off on the final invoice which seems to indicate final payment is due. However, you could withhold partial payment to the extent it would cover the defect issues you are raising. Consult with a local construction law attorney for more details.
Nothing contained herein shall be construed as specific legal advice, and is provided as general information only. Comments are provided for educational and informational purposes only and should not be utilized without our express written permission. Our practice is generally limited to administrative, state and federal courts in the State of California, United States of America. No attorney-client relationship is express or implied by any aspect of this response. Please consult with your attorney for specific advice.
2 found this helpful