Issue with a painting job

[JJ Williams]

We are having issues with a painter. We were talked into paying in full (we know we know!)

they came and started, getting 50% complete and have been finding excuse after excuse to push us back. It has been unfinished for 3 weeks. We told him if it was not done by a certain date we have someone else lined up to complete and will need 50% back. 

They left alot of equipment on site. If they do not pay are we legally able to keep their equipment as collateral? 

[Randall Alan]

@JJ Williams

I would not take their equipment... at that point you can probably be held liable for theft.  Your best course of action if they do not straighten up and fly right is to advise them that you will be taking them to small claims court if the job is not satisfactorily finished by X date.  It's fairly cheap to do this, and where I live a one page form you fill out with your County Clerk's office.  If you win, they will have to pay the extra expense of the filing fees, etc, on top of what you say your damages are (which would be the cost to hire someone else to complete the job).   They will also have to take time out of their schedule to attend mediation hearings, etc.  It also creates evidence of their "incompetence" for others to find if they go looking (think future clients).  

They may be able to ignore you, but they usually won't ignore the courts.  If they do, you will win by default and get a judgement against them.  While it is still your responsibility to get that enforced, you may then have legal grounds to seize their equipment and such. (I know you can go after title-able assets) with a judgement in hand... not sure about equipment left on premises.

Presuming it has truly been "too long", I would fill out the form, hand them a copy the next time you see them and say, "I will be filing this on X date if my job is not satisfactorily completed.  I hope you will help me avoid having to do this."

Good luck!

Randy