Legal Question in Civil Litigation in Arizona

I hired a contractor to put new shingles on my roof and to add a carport to our home. The job took three times as long as he estimated and many mistakes including, nails sticking up on the roof, shingles are not alighned correctly, two serious leaks inside the home causing severe damage to the walls, lighting fixtures are uneven and a host of other problems. I have paid him the first half up front, 5,395.50. The last half was due upon completion and has not been paid yet. The contractor has a lawyer and I was served court papers stating I had 20 days to respond. So, my question is should I retain a lawyer, because I'm not sure I can do it by myself and what would happen if I chose not to pay him?


Asked on 6/09/10, 3:51 pm

1 Answer from Attorneys
Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

You are in the proverbial "Catch 22" of litigation. Your need an attorney to properly defend but the cost of hiring one can exceed the amount in question (especially in construction cases, which can be complex). This looks like a small claims matter so you can handle yourself more easily than in Superior Court, but for this amount the rules of evidence and procedure still apply, so you can get lost in the complexities. This firm provides behind the scenes advice on such cases which is better than going it alone. Also, sounds like you have a workmanship claim, so you may want to file a complaint with a Registrar of Contractors. That is powerful because it puts contractors license at risk and you don't need a lawyer for that. And can fill out the complaint yourself. May be too late but well worth the try. Good luck.

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Answered on 6/10/10, 7:27 am


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