| Posted By |
Message |
ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
|
Small Claims for contractor negligence - anyone have any stories or a lawyer rec?
I filed a suit in Small Claims against a contractor that botched some home renovations pretty badly. I already have a court date in Suffolk.
This is my first time in Small Claims and I was going to present this case on my own. But I was also thinking about retaining a lawyer if I can find one reasonably priced to make an appearance fee.
The defendant (I am the plantiff) filed a countersuit against me for remanding money I owe him so I have to work on defending that.
Has anyone been to Small Claims over home renovations and care to share a story? Or can somebody recommend an attorney that specializes in contractor disputes?
You can post or FM. Thank you in advance, much appreciated.
|
Posted 7/23/08 3:34 PM  |
| |
|
Long Island Weddings
Long Island's Largest Bridal Resource | Prudential Douglas Elliman Real Estate |
JodiBabe
Married for 9 yrs!!!!!!
Member since 5/05 6672 total posts
Name:
Jodi
|
Re: Small Claims for contractor negligence - anyone have any stories or a lawyer rec?
I would be interested in any responses here as I am in the process of having to do this and my brother who is a lawyer was helping me out a bit but I dont think enough.
|
| Posted 7/23/08 3:48 PM |
| |
|
smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
|
Re: Small Claims for contractor negligence - anyone have any stories or a lawyer rec?
I don't have a lawyer for you.
My advise is to remember to make copies of everything. The original contract showing what was suppose to happen. Document all conversations (emails, phone calls, etc...). Phone bills you had to pay to take care of the incident. Additional expenses due to his negligence, etc...
Take pics of EVERYTHING that is wrong.
Have EVERY little piece of information with you WITH the backup paperwork. Otherwise it's your word against his and you need your backup with you at the time you go to court. There will be no "oh I did not think of bringing that".
His argument will be "she did not pay me. She owes me". Than you say "this is why I am not paying you"... then you show contract with detail of the work that was to be done, pics of what happened, copies of emails, etc...
Message edited 7/23/2008 3:55:12 PM.
|
| Posted 7/23/08 3:54 PM |
| |
|
Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
|
Re: Small Claims for contractor negligence - anyone have any stories or a lawyer rec?
You really shouldn't want or need a lawyer for small claims court. The amount you'd pay the lawyer would probably far outweight any recovery limit in small claims court... and no lawyers will take such small cases on contingency. That's why they created small claims court.
|
| Posted 7/23/08 4:03 PM |
| |
|
ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
|
Re: Small Claims for contractor negligence - anyone have any stories or a lawyer rec?
Posted by smdl
I don't have a lawyer for you.
My advise is to remember to make copies of everything. The original contract showing what was suppose to happen. Document all conversations (emails, phone calls, etc...). Phone bills you had to pay to take care of the incident. Additional expenses due to his negligence, etc...
Take pics of EVERYTHING that is wrong.
Have EVERY little piece of information with you WITH the backup paperwork. Otherwise it's your word against his and you need your backup with you at the time you go to court. There will be no "oh I did not think of bringing that".
His argument will be "she did not pay me. She owes me". Than you say "this is why I am not paying you"... then you show contract with detail of the work that was to be done, pics of what happened, copies of emails, etc...
Thanks for your suggestions. I have a bit of a strange case to prove. Well not difficult to prove, but difficult to "bring to court".
They built an extension for me that was 5 inches not wide enough (shorted about 12 square feet total), with a vaulted ceiling built two FEET too high (thus making my attic smaller). All stuff not built to the blueprints.
How do you "prove" this? I can't bring my house with me.  I plan on getting some estimates to rip it down and rebuild it. That will be a little excessive but necessary I guess to prove damages.
Told you it was a major botchup.
<please don't quote this particular post as I will probably edit it> TIA
|
| Posted 7/23/08 4:04 PM |
| |
|
neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
|
Re: Small Claims for contractor negligence - anyone have any stories or a lawyer rec?
You can prove the dimensions of the house by videotaping you measuring the house maybe? Have a copy of the blueprints, all contracts, all checks, all receipts.
Take pictures/video of every single thing.
|
| Posted 7/23/08 4:15 PM |
| |
|
sunnyplus3
:)
Member since 11/05 8749 total posts
Name:
|
Re: Small Claims for contractor negligence - anyone have any stories or a lawyer rec?
retain a draftsman to draw what you have now vs. what you paid to have built off the original plan & present it to the judge.
|
| Posted 7/23/08 5:48 PM |
| |
|
smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
|
Re: Small Claims for contractor negligence - anyone have any stories or a lawyer rec?
Posted by ave1024
Posted by smdl
I don't have a lawyer for you.
My advise is to remember to make copies of everything. The original contract showing what was suppose to happen. Document all conversations (emails, phone calls, etc...). Phone bills you had to pay to take care of the incident. Additional expenses due to his negligence, etc...
Take pics of EVERYTHING that is wrong.
Have EVERY little piece of information with you WITH the backup paperwork. Otherwise it's your word against his and you need your backup with you at the time you go to court. There will be no "oh I did not think of bringing that".
His argument will be "she did not pay me. She owes me". Than you say "this is why I am not paying you"... then you show contract with detail of the work that was to be done, pics of what happened, copies of emails, etc...
Thanks for your suggestions. I have a bit of a strange case to prove. Well not difficult to prove, but difficult to "bring to court".
They built an extension for me that was 5 inches not wide enough (shorted about 12 square feet total), with a vaulted ceiling built two FEET too high (thus making my attic smaller). All stuff not built to the blueprints.
How do you "prove" this? I can't bring my house with me. I plan on getting some estimates to rip it down and rebuild it. That will be a little excessive but necessary I guess to prove damages.
Told you it was a major botchup.
<please don't quote this particular post as I will probably edit it> TIA
Get new quotes from other professionals with their measurement of the addition.
Then calculate the cost per square footage of your area of construction. I don't even know what it is now. $200/square foot??? $200 (you have to find if this is accurate of what the contractor's cost per foot was) times 12 sq ft is the difference you should not pay and argue as a minimum. Then there is added inconvenience of the attic. Facture all the problems this shortage in square footage cost you. Does it look "off", like not aligned from a part of the house (roof line, a corner of the house, does the look/elevation differs so much from the blue print, etc..)
|
| Posted 7/23/08 5:58 PM |
| |
|
skew
LIF Adult
Member since 5/05 6794 total posts
Name:
|
Re: Small Claims for contractor negligence - anyone have any stories or a lawyer rec?
Posted by Kara
You really shouldn't want or need a lawyer for small claims court. The amount you'd pay the lawyer would probably far outweight any recovery limit in small claims court... and no lawyers will take such small cases on contingency. That's why they created small claims court.
ITA.
i recently went through small claims court in re: to a service that was promised (deposit provided) but was never performed. there was A LOT of paperwork and patience involved but after 8 months, i was awarded a check for the full deposit amount plus fees incurred by the case.
if you have any questions about the process, feel free to FM me.
|
| Posted 7/23/08 9:03 PM |
| |
|
my3boys
I love these boys
Member since 7/07 2711 total posts
Name:
Melissa
|
Re: Small Claims for contractor negligence - anyone have any stories or a lawyer rec?
I would bring in another contractor and have them take a look at the blue prints and if he agrees ask him if he could come to court with you to testify that it does not match. I also believe you can call Consumer Affairs and they will asign someone to come and look at what was done and they could also be one of your witnesses. As another poster mentioned bring all the proof you have, blue prints, copy of checks that were already paid to the contractor, etc (the above poster mentioned everything I would of recommended as well) To have a lawyer go with you your looking at about $1500. Oh and if I remember correctly with Small Claims they will give you a chance to come to some kind of settlement with each other and if you choose not to then you will have to go in front of the judge. If you have any other questions feel free to FM me and I will try to help.
GL
|
| Posted 7/23/08 11:33 PM |
| |
|
rkoenke
my little piggys
Member since 3/08 4315 total posts
Name:
rachel
|
Re: Small Claims for contractor negligence - anyone have any stories or a lawyer rec?
my parents are going through this. from what i know the atty they are using LOVES suing contractors b/c the business is famous for ripping people off and doing things cheaply and wrong.
here's the names but don't have phone #
STOCK & CARR, 2ND ST, MINEOLA
|
| Posted 7/24/08 7:45 AM |
| |
|
ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
|
Re: Small Claims for contractor negligence - anyone have any stories or a lawyer rec?
Thanks for your suggestions everyone. Some good ideas here I am going to investigate. 
|
| Posted 7/24/08 11:02 PM |
| |
|
