Asked by Tiaan on 25-05-2021 15:51:21
Question posted in the General Law category relating to Mpumalanga

If you did a job for someone can they sue you because the jobs is not right but they did not pay for the job. We wrapped a car with stone chip and the car got some small scratches now they removed the wrap did not pay me and wants the scratches fixed

Posted by Att. Patrick on 25-05-2021 16:29:12

Hi there, 

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

This is a request for information so that I can understand your question and give you a proper answer.

Did they remove the wrap because it was not wrapped properly? Or why did they remove the wrap so quickly?

Did you guys make the scratches on the car while you were wrapping it? Or what happened?

Does the fact that the car has/had stone chips on it have any bearing on the question?

Awaiting your further information.

Att. Patrick

Yes we made the scratche on the car
They removed the entire wrap because on the front bumper there was a few wrinkles the rest of the wrap was perfect
After I told them they must bring the car back so we can remove the wrap in front and do it again for them free of charge
Now I want to pay for the scratches on the car but they must still pay me for the job
Because we must fix the scratch because we made the scratch
but they must pay me first or they must deduct the damage from the money they owe me

Yes we made the scratche on the car
They removed the entire wrap because on the front bumper there was a few wrinkles the rest of the wrap was perfect
After I told them they must bring the car back so we can remove the wrap in front and do it again for them free of charge
Now I want to pay for the scratches on the car but they must still pay me for the job
Because we must fix the scratch because we made the scratch
but they must pay me first or they must deduct the damage from the money they owe me

They did not complain of the other wrap only in front

Posted by Att. Patrick on 26-05-2021 13:26:50

Okay, so if you guys did the scratches on the car, then they can hold you liable for the cost of the repairs for the scratches. 

Since you did the wrap for them, you are entitled to be paid for it, in full. If there was an issue on the front bumper, they could have brought the car back to you to ask that you fix the front bumper issue. If they didn't, and they removed the wrap, that's their problem. You are still entitled to be paid for your job.

So what you need to do is to tell them that you are going to set off the outstanding invoice for the wrap against the damages for the scratches.

You can't pay to fix the scratches if they won't pay for the wrap. 

So the two claims will essentially cancel each other out - assuming that the value of the claims is about the same.