Legal Question in Construction Law in California

Re: contractor

If you intend to recover the full amount owed, then you will have to file an action in Superior Court under limited jurisdiction. Nothing in litigation is ever a slam dunk, and I don't know any attorneys that will walk you through what needs to be filed to prosecute the case. There is a lot more to Civil Litigation than just filing some forms and getting a judgment. Judges in Superior Court will cut you no slack if you don't know legal procedure and fail to do everything that is required as a plaintiff. I'd suggest either hiring an attorney who will take the matter on contingency fee (doesn't your contract with the contractor have an attorneys' fee clause?) or you can try paying a paralegal to prepare your documents for you. That still won't help you with the procedural aspects of prosecuting a civil litigation matter. If you want to settle for half of the $15,000, you can file in small claims court which is quick and easy, but you will give up the right to collect the balance.

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Re: contractor

I agree with the posted by my colleague Mr. Gibbs. Your question is proof enough that you should consult a qualified attorney. If it was truly a slam dunk and that easy, you wouldn't even be asking this question.

Re: contractor

I agree with the previous posts. The legal system is not one that is friendly to self representation, particularly in the context of a construction dispute.

I understand hiring an attorney may be more than you are willing to do. However, consider that by hiring an attorney he or she may see issues you do not which could entitle you to a greater recovery.

Start by reviewing your agreement with the contractor. Determine whether it has an 'attorney's fees' provision in it whereby the prevailing party in a lawsuit under the agreement is entitled to have his/her legal fees paid by the other side.

Feel free to contact my office if you would like a free consultation.

Good Luck!

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