Legal Question in Construction Law in North Carolina
Staircase
Our contractor built the stairs in our home and they don't meet state codes. Verbally he was told the requirements of the job (1. no squeaks, 2. must meet code- there was a witness present). He has been notified of the situation and has chosen not to respond.
To replace them (with me performing the work) will cost about $500 in material.
1.How do I value my time?
2.Is this something for small claims court.
3.There are other items unresolved with the work performed on the house by the contractor (approx $1500 worth of work). Should they all be under one law suit.
4. I pulled the permits as the home owner.
Best regards,
KP
1 Answer from Attorneys
Re: Staircase
If you do file suit, you must bring all claims at once; you cannot "split" your claims. If the claims are less than $4000, then it is subject to small claims court, and that would be perhaps the best place to sue. As for valuing your time, that is thorny. You have a logical argument, but it may be challenged. I would suggest getting one or more estimates for the entire repair, which will include the labor of course. If you recover on your judgment, you could do the work yourself and keep the remainder as compensation for your time. An estimate would usually be admissible in small claims court, but there is no guarantee there. Regarding the steps, a violation of the building code should render them a breach of contract, regardless of whether you have a witness to an oral representation. You of course have other issues, such as collection. You may of course want to consult an attorney. Any written contract terms would also have to be considered.
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