Small Claims or Mediation?

[debodun]

What is the name of your state (only U.S. law)? NY
I hired a contractor to make repairs and paint my front porch, roof soffits and replace a section of the roof with asphalt shingles. He charged me $4000 and did such a bad job I had to have him return and try to remediate the poor workmanship. It even looked worse after this. I submitted a formal complaint with the Attorney general's Office and after three months, they replied that after repeated attempts to contact the contractor, he had not responded, so they could do nothing further to assist me. I waned to know what would be the best way to proceed in a legal suit against him - regular court, small claims court, dispute resolution (mediation), some other means, or just forget it?

 

[seniorjudge]

Do you know where the bad guy is and does he have any money?

 

[debodun]

I know his last legal address, however I cannot know his financial status. I only know he got $4000 from me for shoddy work.

 

[seniorjudge]

I know his last legal address, however I cannot know his financial status. I only know he got $4000 from me for shoddy work.

Sounds like a waste of time to me.

The final decision, however, is entirely up to you.

 

[HomeGuru]

I know his last legal address, however I cannot know his financial status. I only know he got $4000 from me for shoddy work.

**A: then hire Big Bubba from the Bronx. He'll come back with the guy's big screen tv.

 

[seniorjudge]

**A: then hire Big Bubba from the Bronx. He'll come back with the guy's big screen tv.

Yep...Big Bubba and Cousin Vinnie have done gone into the 'splaining bidness together.

 

[Gail in Georgia]

If you decide to go the Small Claims Court route (which would be my choice since it appears mediation with this guy would be hopeless), you can check out the steps to doing this via this link:

Small Claims Court Links to Each State

New York allows lawsuits up to $5000 in small claims court.

Don't be so sure this fellow hasn't got the funds to pay you back should you win this case (although, unfortunately, winning often does not result in payment).

Gail

 

[dcatz]

Random thoughts and observations:

Home improvement contractors are regulated by the Dept. of Consumer Affairs in NY. It was nice of the AG to help, but they went as far as they could without a prima facie legal violation.

Mediation is always good and may be the only remedy that you have. But it’s consensual and I agree with Gail: it sounds like you’re past that point.

In my opinion, you have yet to state a case in this forum. You might think about that when deciding how to tell your story in another forum. “Poor workmanship” and “shoddy work” are subjective terms until put into an objective context. Did the paint peel off and the roof leak or did the work fail to meet your idea of perfection? We don’t need to know the gory details and there is no offense intended, but a judge will want to know.

Did other contractors inspect the work and agree that it was sub-standard? Do you have estimates to repair/replace, if you’re not going to subpoena? Without expert corroboration, a “reasonable man” standard will normally apply. Would a reasonable man find the work acceptable, even if you don’t?

Was he licensed? Did you get references? Did you get a warranty? Did you pay less than “the going rate”? Knowingly? The contractor tried to fix the problems. Did you continue to complain and he refused to respond or did you banish him. Were there clear, mutually-agreed specs beforehand? Did you monitor progress?

Part of the $4,000 was for materials, and you want all of your money back? Do you continue to benefit from the new materials? Must the work be replaced? If so, is the decision driven by necessity or personal esthetics? Is potential recovery diminished?

Three sides to every story: yours, his and the facts. You have to put a point on “shoddy work”.