Can I sue for a refund after a painter's poor work?

Full question:

I hired a painter (One Man and a Brush); who by his own admission, his subcontractors did a bad job. After an attempt to fix the issues and various conversations and emails the owner stated to have the painters leave and he would refund my payment ($1195.00). He then retracted this statement in an email stating after further consideration I had paid the bill thus indicating I was happy with the work performed and he would not refund payment. Further email discussions led the owner to again reconsider and he sent me a release of liability that we both signed which exchanged for a full refund ($1195) for release of liability and me not contacting BBB or otherwise giving his business a negative reputation. Then, he said he didn't have the money and could not pay me the refund. I would like to sue him for my refund. I have email where he states that the work performed had issues and needed to be fixed. I also have the contract where he agreed to refund the payment. His argument is that I paid and therefore I must have been happy with the work. I only paid because the paint was wet when the subcontractors left and could not the see the defects. As soon as I noticed them I contacted the owner and he came over. He then sent the email admitting the job had issues. I never paid because I was happy. Do I have a case?

• Category: Contractors
• Date: 04/07/2025
• State: National

Answer:

Contracts are legally binding agreements that establish the rights and duties of the parties involved. For a contract to exist, there must be an offer, acceptance, consideration (something of value), and clear terms regarding performance. Contracts can be express (written or spoken) or implied (based on conduct). While both types are enforceable, written contracts are generally easier to prove.

When one party fails to meet the terms of a contract, it may result in a breach of contract. The injured party can seek remedies, including monetary damages, restitution, or specific performance. Monetary damages compensate for financial losses caused by the breach, while restitution aims to return any money or property given under the contract. Specific performance compels a party to fulfill their contractual obligations when monetary damages are insufficient.

A release of liability waives the right to sue for certain issues. If you signed a release in exchange for a refund, it typically protects the painter from future claims. However, if the painter has acknowledged the issues with the work and agreed to a refund, this could support your case.

In Georgia, small claims courts handle disputes involving amounts under $15,000. You may file a claim without an attorney, but mediation might be required before a judge hears the case. You generally have at least one year from discovering the issue to file your claim.

Consulting a local attorney can provide guidance specific to your situation and help you understand your rights and options.