Need lawyer to go after Nightmare Contractor
Our kitchen renovation has ground to a halt and the contractor is ahead in terms of payments. He also tells me he has no intention of returning, because he has lost money on this job. Nonetheless, we have a contract, and he has not only failed to complete agreed upon parts of the job, but…
Our kitchen renovation has ground to a halt and the contractor is ahead in terms of payments. He also tells me he has no intention of returning, because he has lost money on this job. Nonetheless, we have a contract, and he has not only failed to complete agreed upon parts of the job, but he has also botched some of the work, which needs to be done over. I need an agressive lawyer who can help me warn this guy eith a letter, and then go through the process of suing him.
Yes, he’s licensed. The amount is probably going to be over the maximum for small claims court, although it will be under $10,000, I believe. I also want to file a complaint with the DCA and the BBB.
Anyone know an agressive attorney who can help, who won’t charge me an arm and a leg, who is timely with returning phone calls etc.?
Also – any other advice for how to proceed? (Short of murder?)
We got burned by Leon Alfonso – then of Alfonso Home Restoration, filed complaint with DCA… took them to Small Claims Court – won a judgement, never was able to collect as they filed for bankruptcy… he is now operating again… beware…
—- POST THE CONTRACTORS NAME ——
—- POST THE CONTRACTORS NAME ——
—- POST THE CONTRACTORS NAME ——
Mr B wouldnt remove it.
That would be censorship
Not that funny that you would joke about murdering someone for a few thousand dollars. You are a sick person.
A basic court primer:
Small claims: amount in controversy < $5,000 Civil court: amount in controversy between $5,000 and $25,000 Supreme: > $25,000
You can combine separate causes of action, and it doesnt include interest, attys fees, or costs.
PS Dont tell anyone but I’m an atty.
I feel for sorry for you. I posted a comment back in June about a contractor who ripped me off. I posted them on Brownstoner and they were immediately removed. I spoke to my lawyer who said it would cost me more to hire them than what I would get back. The contractors botched up my cathedral bathroom and left my Kitchen gutted. I ended up not giving them another dime and got an un license person to finnish the job. My Kitchen is gorgeous now and I’m glad the old contractors didn’t do the work.. I lost a few thousands but I have my sanity and I’m more pleased with the work done on my kitchen. My husband finished up one of the bathrooms. I don’t know how people can get a way with this…
Good Luck
There’s small claims court (limit 5K) and civil court (above 5K to some ceiling that’s less than you seem to be talking about). If your problem is going to be limited to 7K, I’d go the small claims route, where you don’t need a lawyer. (Trust me: you’ll get more money that way.)
You do, however, need to prove these damages. So take pictures of the botched stuff, get estimates from other contractors on repairing those and completing the job. That number will be what you’ll be suing for.
Since it sounds like the contractor has made his intention of not coming back known, I’d also skip the scary letter step.
Thanks for the replies.
I went on the NYC Civil Court website, and they say that the maximum amount is $5000 – so I’m not sure about the $25K maximum menioned above – ccan anyone clarify?
Also – I’m still looking for a lawyer referral – can someone help?
I think I want to send a scary letter first. ANd – if the amount is around $7500 – should I take hime to small claims for the $5K (assuming that’s the ceiling), or sue him for the higher amount in another court?
Thanks!
I would go back to the contractor with the following:
*Report to BBB.
*Write to the States Attorney General
*Tell them you will post their name on Brownstoner
*Lawyers are expensive and small claims is anything under 25K.
The fees for a lawyer might not be worth it in your case but I understand that it’s the principal of the matter and how can a contractor get away with it.
So if hiring a lawyer direct them to: Write the letter and if that dont get results to file a complaint. Good luck
Are you ahead or behind in payments? That is, have you paid him more than he has completed or is he due a payment? Your damages may depend in part on whether and how much it costs you to complete your project beyond the original price of your contract, including repairing improperly done work.
Get yourself a new contractor and finish the job. If he’s botched part of the job, you may not want him doing the work, and certainly you don’t trust him anymore. If he’s got no money, he’s going to cost you a lot in delays because he won’t order materials in a timely fashion. Obviously, don’t pay the old contractor another dime. Keep good track of all your costs.
And, of course, get a lawyer, as you are trying to do.