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Question DetailsAsked on 7/17/2017

Insurance notice for repair/pressure wash/paint for continued coverage.. Or cancelation by (date)...

Homeowners insurance did an inspection and has required some painting of facia, ceiling /soffit, and front columns for continued coverage, and with a 6 week deadline or face cancelation. I understand investment and value principles, but this is all being caused and held up by an unusual amount of rain, contractors either not only not interested or willing, but held up by weather as well, yet my deadline approaches... Options? I don't own the equipment to repair and paint facia 30' off the ground..Two estimates were outrageous, two no shows, and one reasonable I hired keeps saying rain anticipation holding start as it's a short job, but requires dry surface prep as well as paint dry/cure. I told them I was out of time and to return my 20% deposit, but he refused and states he will honor the contract, no specific deadline in signed contract, and has invested time into job even if jot on site performing as of yet. Do I have a leg to stand on?

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Wow - first time I have heard of an insurance company requiring painting - usually they only do a driveby to see the house is still there and has a roof and is not abandoned, and that is about all.

I would send documentation of the bids you got and the no-shows and the weather thing, and request a 60-90 day extension on the deadline from the insurance company - or if winter sets in early in your neck of the woods, perhaps a 12 month extension.


Another option if only local things needing painting - get a Handyman to do it rather than a Painter.


On the deposit - I guess you realize not having a completion date in the contract was a mistake - that might or might not mean the contract is not a valid contract - depends on state and court interpretation. Look at the contract - unless retaining the 20% deposit is a firm term in the contract he does not have an automatic right to it (it is a deposit against the performance of the job, not a payment just for taking the job), though he does have a right to fair compensation for what work he has done on the job - if any. I would doubt he has done anything on the job - and the bid/quote visit and preparation does NOT count, that is bidding cost and not chargeable against your job.


If you don't think he is going to do the work, I would negotiate a reasonable cancellation fee (probably only $100 or so assuming he has not bought paint or actually started work), otherwise you are going to take legal measure bcause of his non-performance. Threat of rain on day of work is good cause to not paint, but not to go ahead and do the prep work, which mostly (at least scraping, pressure washing, hand sanding) can actually be done in light rain or drizzle anyway.


You could, if necessary (he refuses) drop a hint that you are aware of the ability to call his bond for non-performance (something he DEFINITELY does not want done), and that if he continues to refuse a reasonable cancellation uyou are aware of the options of complaining to the state licensing board (if he is licensed) and that you will be doing reviews of his non-performance online. Should shake him loose - assuming he is not a mad dog or loose cannon type, in which case that sort of threat is sort of like poking a hornet nest with your finger.

Answered 1 year ago by LCD




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