Garage door damaged by Sealcoating contractor

MaryH25 (Pennsylvania)
Posts: 5

Posted:

My HOA hired an asphalt & Sealcoating contractor, who got Sealcoating spray on many of the garage doors. Accor to the HOA, he was told to clean it off the doors. Without their knowledge or permission, he used a white paint to cover the splatters, which does not match in color or finish, leaving obvious splotches on the affected garage doors.
I have talked to the contractor who refuses to take responsibility to replace my garage door. I have also spoken to the HOA. They have additional complaints about this contractor’s work. My question is who is responsible, the contractor or the HOA. The replacement door costs $890.

I could seek redress through small claims court and/or file a claim with the PA state attorney general’s office. The contractor refused to give me the name of his insurance company. Thoughts, anyone?

Thank you!

ND (PA)
Posts: 792

Posted:

Is it safe to assume that driveway maintenance, repair, and replacement is something the HOA has responsibility for?

That said, the "customer" of the sealcoating company is the HOA, and not you specifically. I can understand the company not providing you with insurance info; however, that should be something the HOA already had in their possession before work was authorized. If not, it should be something the HOA is demanding at this time. If no insurance exists, this may be a tough lesson learned.

Your initial complaint should be to the HOA Board since this is HOA-wide with multiple homes affected and they (the HOA Board) hired the contractor. If you have a Management Company, they should be engaged too with receiving complaints and working with the contractor to make things right.

Hopefully payment has been withheld from this contractor until the issue is satisfactorily resolved.

It may not be too late, but it could still be possible to remove both the paint and asphalt overspray from the garage doors without necessitating complete door replacement. Look into graffiti removal companies/products. Or if all else fails, the HOA should seek to make things right by having the doors properly and completely repainted. Not the optimal solution, but preferred over what currently exists and preferred over replacement of otherwise perfectly good garage doors.

LetA (Nevada)
Posts: 2,679

Posted:

Go around the contractor and contact the PA contractors licensing board, file a complaint with the contractors licensing board and ask for their insurance information, Then you file a claim directly with the carrier.

https://www.dli.pa.gov/ucc/Pages/Contractor-Licensing.aspx

You are the one that has total control, don't back down.

BTW what has your HOA said about the crappy paint job? Once you get the insurance information you act fast, be the first in line to get your garage door repaired, you don't want to be at the end of the line
in case this nozzle of a contractor exceeds the limits of his liability insurance.

MaryH25 (Pennsylvania)
Posts: 5

Posted:

Thank you for your input and suggestions. The contractor is not licensed and do s not have insurance. The HOA wants to
paint the doors. I am not in agreement fir many reasons. I spoke with the company who sold the doors to the development. The VP told me that no paint job can replicate the factory baked-on polyester paint in terms of durability and life. Additionally, the affected homeowners will be responsible for the cost of repainting the doors in the future and the quality of the paint jobs cannot be monitored, as the garage doors are private property. It can only be stipulated that they remain white. My other concern is that the HOA can low bid and that more problems will arise from sloppy workmanship, such as paint marks on the siding, brick, and driveways. Given that they did not properly vet the asphalt contractor (he does not have a license or insurance), I have little faith in their judgement to choose more wisely in picking a painting contractor to
paint the garage doors.

I have already ordered a replacement garage door that exactly matches the original door and intend to speak with each if my neighbors who were affected. Should they go forward with painting the doors, I can either accept the dollar amount it would cost to
paint it or file a complaint against the HOA with our state attorney general’s office. I will wait to see what happens.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Mary

Forget the state. They could care less about what they will see as a trivial matter. Read up on that the HAO to Small Claims Court if they do not pay for the door replacement.

MaryH25 (Pennsylvania)
Posts: 5

Posted:

Thank you for your input and suggestions. The contractor is not licensed and do s not have insurance. The HOA wants to
paint the doors. I am not in agreement fir many reasons. I spoke with the company who sold the doors to the development. The VP told me that no paint job can replicate the factory baked-on polyester paint in terms of durability and life. Additionally, the affected homeowners will be responsible for the cost of repainting the doors in the future and the quality of the paint jobs cannot be monitored, as the garage doors are private property. It can only be stipulated that they remain white. My other concern is that the HOA can low bid and that more problems will arise from sloppy workmanship, such as paint marks on the siding, brick, and driveways. Given that they did not properly vet the asphalt contractor (he does not have a license or insurance), I have little faith in their judgement to choose more wisely in picking a painting contractor to
paint the garage doors.

I have already ordered a replacement garage door that exactly matches the original door and intend to speak with each if my neighbors who were affected. Should they go forward with painting the doors, I can either accept the dollar amount it would cost to
paint it or file a complaint against the HOA with our state attorney general’s office. I will wait to see what happens.

LetA (Nevada)
Posts: 2,679

Posted:

Mary your only course of action is to write a letter to your HOA giving them 10 days to reimburse you for the damages, include a copy of the repair bill.
In the letter you give the HOA 10 days to pay your or you will file a small claims case against them.
The HOA will pay you because it will cost them $500 just to knock on the attorneys door.. You got to fight fire with fire They bring a matchstick, you bring a blowtorch.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By MaryH25 on 10/17/2019 5:22 AM

My question is who is responsible, the contractor or the HOA. The replacement door costs $890.

In my opinion, both.

BillH10 (Texas)
Posts: 1,217

Posted:

Mary

you may wish to read your documents to determine if the association is required to hire contractors which are licensed and have insurance. Many association governing documents require vendors and contractors have insurance, at a minimum.

In my opinion, at a minimum your Board should be taken to task for not hiring an insured contractor. Yes, a contractor without insurance may be less expensive, until there is a problem such as the one you are dealing with. Further, your Board should have withheld payment until it was certain there were no issues with the performance of the work.

Your Board may have violated its fiduciary responsibilities as well as the language of your documents.

MaryH25 (Pennsylvania)
Posts: 5

Posted:

Update: Looks like I will
be going to small claims court to ask the court to find against the HOA for my replacement door. I contacted other affected townhouse owners and, as usual, they just go along to get along, accepting whatever the HOA is willing to offer them, which is painting the doors.
Anyway, thanks to all here who offered me such good advice and really helped me make a viable plan to recoup
my loss.

I will keep you posted about how it turns out, but none of my “sheep”
neighbors better inquire, unless they wish to get an earful from me! LOL. I really gave them all too
much credit.

Mary

LetA (Nevada)
Posts: 2,679

Posted:

Mary,I wish you all the best for a positive outcome.