What to do if my client’s customer stopped payment on a check after painting services were provided stating there was overspray on the faucet?

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What to do if my client’s customer stopped payment on a check after painting services were provided stating there was overspray on the faucet?

M y client offered to go over and fix the problem. They said, “No thank you” and said they would just stop payment on the check (which they did). What recourse do they have?

Asked on April 18, 2015 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

He can sue them for the money: even if the believe there was overspray, if he was wiling to correct, there was no breach of contract (whether written or an oral agreement in regards to the work) and so they would have to pay. For smaller amounts, it may be more cost effective to sue in small claims court.


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