Expert: Bruce E. Johnson - 1/14/2010

Question
Hi Bruce,

This may not be in your area of expertise, but I'll give it a try.

We recently had a house built, and the builder shorted us in several areas, by replacing things we had paid extra for with cheaper alternatives.

My question is regarding paint. We paid extra to have Premium Benjamin Moore painted inside the entire house (outside is brick).

The paint job is horrible throughout the house, and (immediately after the interior was painted), the garage was filled with NOTHING BUT "Farrell Calhoun" empty paint cans. Not a single Benjamin Moore paint can.

Can you see any explanation for this other than they substituted the expensive Benjamin Moore paint with the cheaper Farrell Calhoun?

Thanks,
Mike

Answer
Hi Mike, I am not an attorney but if your contract specifies Benjamin Moore and they used another type of paing you may have a legal issue.  If your contract says Benjamin Moore or a 'like substitute' or 'similar grade' of paint then it may be up to you to prove that one paint is better than the other.  I have to keep an eye on all my subcontractors to make sure they comply with building specifications.  I imagine it is the same with your builder.  He might not have paid attention to what the subcontractor was using or overlooked or forgotten about the specification you paid extra for.  You should voice your concerns, take pictures of the paint cans, and document all coversations with the builder until this matter gets settled.  I hope this information helps, please feel free to write again regarding this or other matters, sincerely bruce e johnson..bejohnsonconsulting.com