With extensive experience in the management and resolution of building and construction disputes, the BDTSA is fast becoming is fast becoming a recognised and respected entity.

The BDTSA provides nationwide services to the building and construction industry as well as members of the general public.
Follow Us On Social

Painting Disputes

Painting and decorating are the final touches to any building and/or renovation project. This is usually the last part of a project before the work is completed and therefore quite likely to consist of defects or poor workmanship.

 

This final stage of painting and decorating can also be used to hide any potential defects.

 

Time constraints can lead to painting and decorating work taking place simultaneously with other work that must be completed in order to hand over the site to the owner again. This can lead to substandard and messy paintwork as well. Even the most skillful painter may mess up if working under the pressure of limited time.

 

Disputes may arise from non-compliance with technical requirements such as material used as specified in the building contract or the hours of access to the site or may arise on the merits of parties arguments in terms of the construction contract such as payment undertakings, contract interpretation or time of completion of the work.

Technical (in the legal sense) disputes – these are disputes that arise out of non-compliance with the technical requirements for making and responding to payments.

Merit based disputes are disputes about the merits of the parties arguments in terms of the construction contract that governs their relationship.

 

Remember that the contract could be orally or in writing. For obvious reasons a written contract is the first prize as oral contracts are sometime difficult to prove.

Typical merits-based disputes include disputes in relation to:

 

• non-payment for work undertaken;
• contract interpretation – what the parties actually agreed;
• scope of work;
• quality of work;
• quality of materials;
• time for completion;
• estimates vs actual cost;
• variations – whether certain work is in fact a variation to the agreed scope of work and the value of that varied work;
• defective work;
• scope and cost of rectification work.