Can this be considered a criminal charge?

Discussion in 'Community Discussion' started by WhiteIphone5, Apr 28, 2013.

  1. WhiteIphone5 macrumors 65816

    WhiteIphone5

    Joined:
    May 27, 2011
    Location:
    Lima, Peru
    #1
    My friend who does has some issue with the house owner. My friend had until the 26th of this month to finish and started the 22nd. To paint a big house, just him and his assistant but he didn't have any painting experience. Anyway on the 24 while he was walking down the stairs he tripped and fell. His back was in pain and he told the person to come home and lock the doors because he was going to leave early due to his injury. The owner was in a rush and told him to get better and to come fast because he really wants it done ASAP. So Friday my friend texted him and says that he is was in the hospital and will come to work soon but that we couldn't come back on the morning but will have the house done on the 26th. Owner got mad and said either he gives the whole amount spend back or he is going to press criminal charges.
    I don't get it, the contract was signed by both a person to be done on the 26th. But on 25th the owner said he found another painter and wants his money back. My friend can't return full amount as he has bought paint and its none returnable and also has painted abou 3 rooms and living room. What should my friend do? He wants to get his citizen ship soon and doesn't want this issue/ criminal charge to be on his record and be an issue when getting his citizenship.
     
  2. Shrink macrumors G3

    Shrink

    Joined:
    Feb 26, 2011
    Location:
    New England, USA
    #2
    I'm not quite clear why you are coming to an Apple Forum to ask legal questions best directed to a lawyer!:confused:

    Free legal advice here is going to be worth exactly what you pay for it....nothing.
     
  3. WhiteIphone5 thread starter macrumors 65816

    WhiteIphone5

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    Lima, Peru
    #3
    I mean he is getting a lawyer into it. It's not my issue, but wanted some thoughts on what may happen :p
     
  4. Peace macrumors P6

    Peace

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    Space--The ONLY Frontier
    #4
    Press criminal charges for what ? Are we missing something ? This sounds more like a small claims court problem. On the other hand the guy that slipped in the owners house can file a small claims court also. But I see no criminal charge in this unless there is something you are leaving out.
     
  5. iStudentUK macrumors 65816

    iStudentUK

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    #5
    Although I am not familiar with your jurisdiction... I can't imagine this should give rise to a criminal charge. In the UK (and US law is similar in many respects as it inherited the English system) this would be settled in civil court as a potential breach of contract.
     
  6. WhiteIphone5 thread starter macrumors 65816

    WhiteIphone5

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    May 27, 2011
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    #6
    No that's all that happen. The owner wants his full money back, I don't get why. My friend already did some house work. It wouldn't be fair for him to repay. Also the owner found another painter before the due date. So wouldn't he be breaking the contract for firing my friend before the due date that was signed on the contract?
     
  7. Peace macrumors P6

    Peace

    Joined:
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    #7
    Not sure if it breaks any contract you had. It does sound like you got a job from a jerk though.

    My opinion..

    edit : It sounds like the owner is using the fact that one of you is trying to get citizenship to threaten you.


    :)
     
  8. WhiteIphone5 thread starter macrumors 65816

    WhiteIphone5

    Joined:
    May 27, 2011
    Location:
    Lima, Peru
    #8
    He doesn't know about the citizenship
    The owner wasn't there when the accident happens, so I'm thinking that the owner thinks that my friend is just faking the accident and wants to run away with his money?
     
  9. snberk103 macrumors 603

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    Oct 22, 2007
    Location:
    An Island in the Salish Sea
    #9
    I'm pretty sure that breaking a contract - of this size and content - is not "criminal" in the sense that you can call the cops and press charges. Contracts like this are generally considered "civil" matters.

    It can, however, still lead to lots of lawyers and/or court time because you have two people who feel that they are "in the right" and want some money and they want a 3rd person (usually a judge or a mediator) to decide the case. Often the lawyer's and court costs will eat up an settlement.

    If cops are getting involved, it's probably not because of the contract itself, but because someone is feeling threatened by the other party...and threaten someone is a criminal offence that the cops will be interested in.

    Good Luck... your friend is going to need it. I predict this tale will not have a happy ending.
     
  10. lelisa13p macrumors 68000

    lelisa13p

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    Mar 6, 2009
    Location:
    Atlanta, GA USA
    #10
    IMHO, and as a home owner who paid for interior house painting last August, as long as the job is finished by the end of the business day on the 26th (as contracted) the client can go jump off a cliff. If the contract specifies the job will be completed by a certain date, the specifics are left up to the painter, unless particularly noted.

    When I hired my painter, I paid 20% up front for paint & such, with the balance due after a post-job inspection by myself and the painter. Did your painter's client pay 100% in advance? (I would consider that poor practice for both parties.)
     
  11. snberk103 macrumors 603

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    #11
    I believe that is bit too simplistic. There are some jobs that simply take some time to finish, and painting is one of them. Especially if there are multiple coats involved. If you have contracted with a painter to do a job that you know needs 2 days at a minimum to do, and they are not even set up within that 48 hour window... well, I think it is reasonable to assume that the contract will be breached and you can move on to the next painter. The tricky bit is knowing that the painter can't finish in time....and what happens to deposit paid on the paint.

    In this case it seems that the landlord was pretty anxious to have the job done by a certain date. They may have a contract with another party, and the landlord may be in breach of this second contract if the tenant can't move in. So, if you are reasonably sure that the paint job is not going to be completed on time, and that is going to potentially cost you a bunch of money... then at what point do you cut the 1st painter in order to arrange for a 2nd painter. This is the question that is going to earn a lawyer or two a bunch of money, likely. And unfortunately, too.
    Good advice. Except where we live... but out community is kinda weird that way. But for everyone else, pay the deposit only. And then hold back 10% or 15% on completion for a couple of weeks to ensure everything works out.
     
  12. sviato macrumors 68020

    sviato

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    #12
    Was there any sort of cancellation clause in the contract? You should first look back to the actual agreement to see what kind of remedies may exist. It seems like the client breached the contract though.

    From the information given, there doesn't seem to be anything criminal about what happened.
     
  13. Gutwrench macrumors 65816

    Gutwrench

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    Jan 2, 2011
    #13
    I only know CA law, but based on the original post this is civil, nothing criminal.
     
  14. JBazz macrumors 6502

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    Apr 14, 2006
    #14
    He fell and hurt himself on the employers property? He could sue him just for that.
     
  15. LIVEFRMNYC macrumors 603

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    Oct 27, 2009
    #15
    That was also my first thought.
     
  16. ucfgrad93 macrumors P6

    ucfgrad93

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    Colorado
    #16
    This is a civil, not criminal matter. Take it to Judge Judy!:p
     
  17. gsugolfer macrumors 6502a

    gsugolfer

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    Location:
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    #17
    Great idea! Sue someone because you're a klutz
     
  18. Huntn macrumors G5

    Huntn

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    #18
    I'd say this is a civil matter not criminal. A possible option would be to give the owner his money back, less the cost of the paint, plus give him the paint purchased and call it even.
     
  19. JBazz macrumors 6502

    Joined:
    Apr 14, 2006
    #19
    Was not advocating he sue, just reminding the poster his friend still has tools to negotiate a more palatable outcome. But to be honest, the homeowner seems an ass. I don't care if he gets sued. He might learn something.
     

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