I was not happy with work performed by a contractor and now he will not give me a refund

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 agreements that are legally enforceable. A contract may involve a duty to do or refrain from doing something. The purpose of a contract is to establish the terms of the agreement by which the parties have fixed their rights and duties. The existence of a contract requires an offer, an acceptance of that offer which results in a meeting of the minds, a promise to perform, a valuable consideration, a time or event when performance must be made, terms and conditions for performance, and performance, if the contract is "unilateral". A unilateral contract is one in which there is a promise to pay or give other consideration in return for actual performance. A bilateral contract is one in which a promise is exchanged for a promise. A contract may be express or implied. An express contract is one, whose terms are stated in words. An implied contract is one, the existence and terms of which are manifested by conduct. In most cases contracts can be either written or oral, but oral contracts are more difficult to prove and in most jurisdictions the time to sue on the contract is shorter. Contracts are mainly governed by state statutory and common law and private law. Private law generally refers to the terms of the agreement between the parties, as parties have freedom to override many state law requirements regarding formalities of contracts.

A legal action for breach of contract arises when at least one party's performance does not live up to the terms of the contract and causes the other party to suffer economic damage or other types of measurable injury. The injury may include any loss suffered by the plaintiff in having to buy replacement goods or services at a higher price or of a lower quality from someone else in the market. It may also include the costs and expenses incurred by the plaintiff in having to locate replacement goods or services in the first place. A lawsuit for breach of contract is a civil action and the remedies awarded are designed to place the injured party in the position they would be in if not for the breach.

Remedies for breach of contract include money damages, restitution and specific performance. A money damage award includes a sum of money that is given as compensation for financial losses caused by a breach of contract. Parties injured by a breach are entitled to the benefit of the bargain they entered, or the net gain that would have accrued but for the breach. The type of breach governs the extent of damages that may be recovered. If the breach is a total breach, a plaintiff can recover damages in an amount equal to the sum or value the plaintiff would have received had the contract been fully performed by the defendant, including lost profits. If the breach is only partial, the plaintiff may normally seek damages in an amount equal to the cost of hiring someone else to complete the performance contemplated by the contract. Restitution is a remedy designed to restore the injured party to the position occupied prior to the formation of the contract. Parties seeking restitution may not request to be compensated for lost profits or other earnings caused by a breach. Instead, restitution aims at returning to the plaintiff any money or property given to the defendant under the contract. Specific performance is an equitable remedy that compels one party to perform, as nearly as practicable, his or her duties specified by the contract. Specific performance is available only when money damages are inadequate to compensate the plaintiff for the breach.

A release gives up a right, such as releasing one from his/her liability for harm or damage that may occur from performing under a contract, or participating in an activity. A release generally gives up the signing party's (the releasor's) right to sue the person or entity requesting the release (the releasee). The terms of the release document govern the scope of actions that the released party is immune from liability for.

Small claims courts are intended to resolve civil disputes involving small amounts of money, without formal rules of evidence and long delays. Each state has its own rules regarding how long individuals have to file suit, once they have been harmed or an event occurs that gives rise to a claim. Generally, they have at least one year from the injury or event (or its discovery, in some cases) to file their suit. In Georgia, a County Magistrate Small Claims Court handles money claims under $15,000 for landlord/tenant disputes, personal property disputes, damages to personal property, and faulty workmanship cases. Individuals may file a claim in Magistrate Court with or without an attorney. The court does not appoint attorneys for civil cases. Mediation is required in some counties before a judge will hear the case.

You may need to consult a local attorney to review and provide further information specific to your particular case.