Legal Question in Consumer Law in Washington

Contractor not performing

I have a verbal agreement (I know � don�t make it worse) with a paint contractor to paint my second home in Washington State (I live in California). It�s been 2 months and no work has been performed. To make matters worse, I have sent him $1000 to purchase paint. Not hearing from him, I assumed all was underway. Two week after the delivery of the check I was called by his family members telling me he was in jail for some domestic issue, and pleaded with me to bail him out for $1500 � which would apply to the labor of the job he owed me (I know- I am an idiot). I did an overnight on the certified check to his sister who cashed it and posted bail. The contractor called to thank me and promised to finish the job on my home. He told me he has my paint, I explained I needed to change the color � no problem; he would have the dealer change the tint. Never happened. No calls, No contact. Now his mother keeps me updated on his �progress� of pulling his life back together. At this point, I am going to try to get my paint ( I am sure he does not have it), and ask for my $1500 � and walk away. I am sure no one will contact me. So it will be off the small claims court. The property is in Washington State so I assume the claim will need to fil


Asked on 8/10/07, 11:31 am

3 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Contractor not performing

You will need to sue him in Washington State. You should contact the Washington Contractors Licesnse Bureau to see if they can assist you as well.

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Answered on 8/10/07, 11:36 am
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Contractor not performing

I have a nearby bridge for sale if you're interested.

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Answered on 8/10/07, 12:02 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: Contractor not performing

With all due respect to my learned colleauges from California, this is a WA problem, and you have remedies.

Your first search is with L&I (Labor and Industries) start at access.wa.gov to be sure this person is licensed, bonded and insured.

If he is not, you need to file a complaint on line. L&I has jurisdiction to initiate a criminal complaint, and this gives you standing for a civil complaint if he is not a registered contractor. Don't lose sight of this remedy - treble damages and attorney fees and costs.

If he is a registered contractor you need to bring an action against his bond, and you can only do that in Superior Court.

You don't say what county your property is located in; I may be able to give you a referral if I knew where this was happening.

I'm sorry this happened to you; if you are an out of state landlord the Residential Landlord Tenant Act requires you have an agent in the state to, bare minimum, accept service of process re your property.

Many real estate companies have agents who will manage your property for you, for a reasonable fee.

Don't hesitate to call if I can 'splain further.

Elizabeth powell

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Answered on 8/10/07, 1:21 pm


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