Legal Question in Construction Law in California

Small Claims vs. Superior Court

My dispute with a contractor involves a breach of contract claim due to poor workmanship and possible violation of State Contractors Laws, in regards to a

a built-in entertainment center, which cost $7,025 (total contract price).

I've paid in full to avoid contractor's threat to pass my account to a collections agency, even though he is aware of my poor workmanship claims.

If I sue in small claims court to void the contract (rescind?), I think I would win and get back my $7,025.

Common sense would indicate that the contractor would then get back the entertainment center?

Who is responsible for having the entertainment center removed and for fixing the damage to my wall please? (The ent. center is glued to the wall and removing it will cause damage for sure).

If I am responsible, having $475 remaining under the $7500 limit for small claims, means that I will pay for costs that exceed that maybe $2,000.

Filing suit in Superior Court might mean big attorney's fees. I think my case is strong, but I don't know that I would want to take a risk in having attorney's fees in Superior Court.

Do I have another way of filing a claim in Small Claims Court or am I destined to Superior Court?

Thank you.


Asked on 3/17/08, 8:05 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Small Claims vs. Superior Court

Big or little, you won't get attorney fees unless you have a written contract that provides for them. You didn't say. If you don't, file in small claims, present your evidence and hope for the best. If you do, then it's you that has to judge whether it's worth spending substantial attorney fees at risk of not winning, or not getting a judgment for all your money and fees. Nobody is going to promise you success. You pay your money and you take your chances in life.

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Answered on 3/17/08, 8:14 pm


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