Legal Question in Civil Litigation in Florida

Home Improvement

I hired a contractor to do some home improvement projects around the house. He did work in my absence that was not authorized nor requested. I held back money from the final payment because some of the work he did is terrible and he won't fix it until I pay him. I now find out he does not have a contractors license and some of the unauthorized work he did requires him to have such a license. He is now threatening me with small claims court (Max $5000 in Brevard FL) and telling me I'll have to pay his lawyers fees and court costs when we go to court. I owe him $2500 and it is going to cost almost $4000 the fix the mess he caused. Do I have to pay his lawyers fees? I didn't think small claims worked this way.


Asked on 1/04/09, 2:05 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Home Improvement

You should consult an attorney familiar with construction law and give them all of the facts involved. You may have certain remedies that aren't obvious based on the limited facts provided here.

As for small claims court, the losing party can be held to pay court costs and attorneys fees for the prevailing party. That is how small claims works.

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Answered on 1/04/09, 8:10 pm


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