Our company, Steamer’s Painting, Inc., commenced work on the
beach house of [redacted] at [redacted] in [redacted], HI on 1/7/16
as agreed. We were to clean the 3 decks
on the second floor (one in front of the house and two in...
the back) per the
owner’s instructions and with his immediate oversight. My foreman and two
journeyman painters did the deck cleaning which included moving large potted plants,
lanai chairs, tables and other items. There were no complaints from the owner,
who was present, that day. [redacted] was there timing each step of the
process which entailed a wait time after applying the cleaning material.
The next day, 1/8/16, we applied part B of the cleaning
material which took 2 hours. We then started power-washing until 3:30 PM.
My foreman has been with my company for approximately 20
years and is well versed in power-washing. The same two journeymen were working
side by side moving lines and equipment while the foreman was moving furniture
and taking down art work which we had no idea we would be asked to do, but we did
at the owner’s request. My foreman told me that he left the job twice to get
gas for the power washer and water for hydrating the crew. He told me that he
worked hard at getting everything out from under where we would be
power-washing. He said the premises were far from ready for power-washing and
that a lot of time was taken by his men just to get the place ready for them to
do their job of power-washing.
He also said that he tried to explain to the owner that not
every mud dauber (insect mud nest) would come off. To remove all of them would
damage the wood, so we hand scraped some. Also, the damage the owner claims was
in dry rot and water rot areas and my foreman informed the owner of this so he
could decide what repairs to make. (This is normal procedure.)
My foreman and crew had intended to return the next day to sweep
up the paint chips and finish our clean up and make any repairs needed.
However, we were not allowed to do this. The owner called me while I was off island
and told me how bad the power-washing job was and that he wouldn’t have my workers
back on the job. I tried to pacify him by saying that perhaps we could talk it
over when I got back on Tuesday 1/12/16 but he said that he would be off island
till Thursday or Friday Jan 14th or 15th and yes we could meet then.
In the meantime, when I returned I discussed the matter with
my foreman. In my 30 years of operation,
we had never been told that we did a bad power-washing job and this was not one
either. I decided that since the owner would not allow my men to return to the
job, it would be better not to try to resurrect the job. Even though legally I am not required to
return the owner’s deposit, I decided to deduct what we had earned and return
the balance, which I did.
When he received my letter and check, he called me in a
rage. He vehemently disagreed with my assessment of time and amount and would
only pay me a certain amount which is stated in his complaint. I disagreed with
this amount because in essence he cancelled our contract when he would not allow
my men to return to the job. He told me that was my problem. That’s when I said
to take me to court or mediation and that’s what he has done.
So, I’ve been served to appear in court this coming week
although I’m sorry that it has come to this. We will let the court decide.
Sincerely,
Steve J[redacted]
President, Steamer’s Painting, Inc.
Our company, Steamer’s Painting, Inc., commenced work on the
beach house of [redacted] at [redacted] in [redacted], HI on 1/7/16
as agreed. We were to clean the 3 decks
on the second floor (one in front of the house and two in...
the back) per the
owner’s instructions and with his immediate oversight. My foreman and two
journeyman painters did the deck cleaning which included moving large potted plants,
lanai chairs, tables and other items. There were no complaints from the owner,
who was present, that day. [redacted] was there timing each step of the
process which entailed a wait time after applying the cleaning material.
The next day, 1/8/16, we applied part B of the cleaning
material which took 2 hours. We then started power-washing until 3:30 PM.
My foreman has been with my company for approximately 20
years and is well versed in power-washing. The same two journeymen were working
side by side moving lines and equipment while the foreman was moving furniture
and taking down art work which we had no idea we would be asked to do, but we did
at the owner’s request. My foreman told me that he left the job twice to get
gas for the power washer and water for hydrating the crew. He told me that he
worked hard at getting everything out from under where we would be
power-washing. He said the premises were far from ready for power-washing and
that a lot of time was taken by his men just to get the place ready for them to
do their job of power-washing.
He also said that he tried to explain to the owner that not
every mud dauber (insect mud nest) would come off. To remove all of them would
damage the wood, so we hand scraped some. Also, the damage the owner claims was
in dry rot and water rot areas and my foreman informed the owner of this so he
could decide what repairs to make. (This is normal procedure.)
My foreman and crew had intended to return the next day to sweep
up the paint chips and finish our clean up and make any repairs needed.
However, we were not allowed to do this. The owner called me while I was off island
and told me how bad the power-washing job was and that he wouldn’t have my workers
back on the job. I tried to pacify him by saying that perhaps we could talk it
over when I got back on Tuesday 1/12/16 but he said that he would be off island
till Thursday or Friday Jan 14th or 15th and yes we could meet then.
In the meantime, when I returned I discussed the matter with
my foreman. In my 30 years of operation,
we had never been told that we did a bad power-washing job and this was not one
either. I decided that since the owner would not allow my men to return to the
job, it would be better not to try to resurrect the job. Even though legally I am not required to
return the owner’s deposit, I decided to deduct what we had earned and return
the balance, which I did.
When he received my letter and check, he called me in a
rage. He vehemently disagreed with my assessment of time and amount and would
only pay me a certain amount which is stated in his complaint. I disagreed with
this amount because in essence he cancelled our contract when he would not allow
my men to return to the job. He told me that was my problem. That’s when I said
to take me to court or mediation and that’s what he has done.
So, I’ve been served to appear in court this coming week
although I’m sorry that it has come to this. We will let the court decide.
Sincerely,
Steve J[redacted]
President, Steamer’s Painting, Inc.