Problem with a home contractor... possible lawsuit

I am having a problem with a contractor that did some major work in my house.

Long story short... I am getting no where with this person. I am still giving it some time... but I am losing patience.

My wife is suggesting a lawsuit. Does anyone know what the steps are to register a lawsuit in Long Island?

I live in Nassau... but I believe this person lives in Suffolk. Where do I apply for this?

If I go forward with this... lawsuit will probably be around 5k... so I don't think this is considered small claims. (not sure what the small claims cutoff is).


Anyone thats been in this situation have any luck? This person is an independant contractor... i dont think related to any company.

One of my groomsmen is a PI... which will help me dig up some dirt... and possibly do a serving.


If any of the lawyers here can chime in... or someone with knowledge... i would be appreciative.

TIA.

Re: Problem with a home contractor... possible lawsuit

This website (offical NY courts website) will help you. If you're suing for up to $5,000, it falls under the small claims court jurisdiction.

NY Courts

ETA: This should help too. It was created by the NY court system to help litigants.
NY Court Help

Also, document everything. Put everything in writing. Take pictures and make detailed notes of every communication, all of the work that has/hasn't been done, etc.

Message edited 5/10/2006 3:08:22 PM.

Re: Problem with a home contractor... possible lawsuit

I found this about small claims court:

Dollar Limit:: $3,000. Where To Sue: Where defendant resides, is employed or maintains a business office.

http://www.consumeraffairs.com/consumerism/small_ny.html

I think I would try to figure out what it would run me for attorney fees. If it wouldn't be excessive to sue, I would sue. Otherwise I would take the case to small claims court, and try to re-coup at least the $3000.

I was in small claims court once and someone there was suing a contractor. She had a strong case because she had lots of photos and documented all of the dates that the guy didn't show up and had another contractor give her an estimate on what it would cost her to repair and finish the work. I remember her winning the case, but not sure if she got the full amount or not. Good luck.

ETA: I looked again, out of curiosity- some sources say the limit is $5,000 and some say $3,000, but I think the above poster knows more about this than me

Message edited 5/10/2006 2:59:44 PM.

Re: Problem with a home contractor... possible lawsuit

I have also found it usefule to file wiht BBB if they are registered.... this usually gets a solution for you....

Re: Problem with a home contractor... possible lawsuit

Is the problem the quality of the work, or the timeframe, or the cost? Just curious, since there are a couple of considerations with regards to contracting work. I believe the max in small claims is $3000.

Since contractors must be licensed, you can definitely file a complaint with Consumer Affairs in Nassau County.

Re: Problem with a home contractor... possible lawsuit

NY raised the limit from $3000 to $5000 in 2004. If you only want to sue for $5000 max, go to small claims court.