Decorating damage

[Guest]

Hi, currently with-holding payment for some decorating work on outside of our house due to damage caused by the decorator. We have paid decorator for the materials. Damage is likely to cost more than contract, paint on roof, on windows, on brick work, on garden items , driveway and garden path. Insurance company has quoted about 20 working days just to clean up. Roof around £500, and then need to find plumber after decorator painted some of the plastic downpipes black where he got paint on them (we did not agree for him to paint down pipes and he has only done some of them, we asked him to cover them up when decorating but he didnt) Decorator going through his insurance but it is taking a while.We are having to deal with his insurance company to organise trades people. This will include scaffolding etc.* He is now demanding payment otherwise going to take us to small claims. Work not done with due care and skill. Are we able to withold payment until work is rectified? Total cost we owe £2k. Already paid about £300 for materials.*

[jaguarsuk]

Hi, currently with-holding payment for some decorating work on outside of our house due to damage caused by the decorator. We have paid decorator for the materials. Damage is likely to cost more than contract, paint on roof, on windows, on brick work, on garden items , driveway and garden path. Insurance company has quoted about 20 working days just to clean up. Roof around £500, and then need to find plumber after decorator painted some of the plastic downpipes black where he got paint on them (we did not agree for him to paint down pipes and he has only done some of them, we asked him to cover them up when decorating but he didnt) Decorator going through his insurance but it is taking a while.We are having to deal with his insurance company to organise trades people. This will include scaffolding etc. He is now demanding payment otherwise going to take us to small claims. Work not done with due care and skill. Are we able to withold payment until work is rectified? Total cost we owe £2k. Already paid about £300 for materials.

You don't have to pay the decorator once the work is rectified, he is in breach of the Consumer Rights Act 2015 s.49 and if he goes to court that will be the defence.