VIC Poor Painting Service

[fred123]

I have an issue with how my painter recoated the external cedar of my house with a clear finish.

My view is he missed the preparation step of applying the "acid wash". I believe he just applied the clear finish. I base this on the final result because the cedar now has excessive black stains which the acid wash is supposed to remove most of. I also base it on not seeing him apply the acid wash. At the time I didn't know the acid wash needs to be scrubbed in. I learnt this later and I never observed him doing this.

I did not agree to pay him the invoice but he is requesting full payment. He states he did apply the acid wash but he can't prove it. I can't definitively prove that he did. Other painters (and the acid wash provider) state it is a poor quality job BUT when I ask them to put it in writing they shy away. They also can't definitely state the acid was wasn't used either.

 

[Lance]

Hi Fred,
So if you choose to not pay him, he is within his rights to pursue you through Vic Civil and Administrative Tribunal. As you have pointed out you wouldn't be able to get an expert to definitively state he did or didn't do the job. He could prove that he has done a job and claim it was the correct method. I cant be certain but my feeling is that you would end up having to pay anyway. You could try negotiating a lower amount based on the poor finish result.

 

[fred123]

thanks for your feedback Lance

 

[fred123]

Hi Lance,
Would vcat take the view I cant prove they didn't apply the acid and they cant prove that they did and so split it 50/50. The job cost was $6000 and to fix the issue will cost close to $8000 (I have quotes from other painters for fixing the issue)

 

[Matthew Karakoulakis]

Hi Fred123

I refer you to s 61 of the Australian Consumer Act (COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2 The Australian Consumer Law). The section states that if you have made known to the painter the results that you wish to achieve, that there is a guarantee that the services will be of a quality that you might reasonably be expected to get. This might be a useful starting point for you.

However, there are certain exceptions to this rule and certain elements that you will need to show to rely on this.

If you require any further assistance on this matter, please do not hesitate to contact me via the link below or at [email protected] to arrange for an appointment to discuss your options. Matthew Karakoulakis, Melbourne Lawyer: Book Online

 

[Rob Legat - SBPL]

You might want to consider contacting the Master Painters Association in Victoria, and seeing if they can help you. As I understand it, there are ways to get an expert opinion on what has actually been done in the treatment - including what it might cost to rectify (if necessary). If you are intending to take any sort of action, this would be what you would look for in terms of evidence, so it's a good place to start.

 

[fred123]

Thanks Rob and Matthew for taking the time to provide me guidance