Small Claims against contractor

[debodun]

What is the name of your state (only U.S. law)? NY

A few years ago I hired a contracting business to replace dry rotted flooring and a roof soffit, the repaint said items. In a few months the boards heaved and the paint peeled and flaked on the porch. The rotted wood in the soffit was never replaced - it was just re-attached and painted over now it looks just as badly as it did originally. Subsequent attempts by this business only improved things slightly and they never did ant further work on the soffit or replaced the floor boards under the support posts and now some of the posts look like they are sinking into the floor. Finally, the contractor started to ignore my requests to perform remedial work. I contacted the AG's Office, but they had no better luck contacting him and suggested that I start a small claims suit.

The way it stands now is that the contractor claims that the porch floorboards warped and the support posts are sinking into the porch floor because of the roofing I had done after he had completed his work. The weight of the workers and the pounding on the porch roof caused this to happen. The extensive dry rot in the floorboards he did not replace happened subsequently to his completing the work. He only replaced the boards that he could already see were rotted at the time of the initial work. The judge said the floorboards looked fine to her. The contractor indicated that he had numerous photos taken of my porch when the work was completed showing that the boards were lying evenly and the support posts were intact, but he didn’t bring them to court. The judge said he should bring his photos to the next court date in a few weeks and told me that to prove my case, I must now get another contractor to say that the warped boards and support posts were NOT caused by the roofing work. We never got around to discussing the soffit.

Any advice?

 

[BL]

What is the name of your state (only U.S. law)? NY

A few years ago I hired a contracting business to replace dry rotted flooring and a roof soffit, the repaint said items. In a few months the boards heaved and the paint peeled and flaked on the porch. The rotted wood in the soffit was never replaced - it was just re-attached and painted over now it looks just as badly as it did originally. Subsequent attempts by this business only improved things slightly and they never did ant further work on the soffit or replaced the floor boards under the support posts and now some of the posts look like they are sinking into the floor. Finally, the contractor started to ignore my requests to perform remedial work. I contacted the AG's Office, but they had no better luck contacting him and suggested that I start a small claims suit.

The way it stands now is that the contractor claims that the porch floorboards warped and the support posts are sinking into the porch floor because of the roofing I had done after he had completed his work. The weight of the workers and the pounding on the porch roof caused this to happen. The extensive dry rot in the floorboards he did not replace happened subsequently to his completing the work. He only replaced the boards that he could already see were rotted at the time of the initial work. The judge said the floorboards looked fine to her. The contractor indicated that he had numerous photos taken of my porch when the work was completed showing that the boards were lying evenly and the support posts were intact, but he didn’t bring them to court. The judge said he should bring his photos to the next court date in a few weeks and told me that to prove my case, I must now get another contractor to say that the warped boards and support posts were NOT caused by the roofing work. We never got around to discussing the soffit.

Any advice?

Yes ,do as the Judge advised . Contact two or three licensed contractors for estimates of repair . If they agree the first contractor is at fault for something have them note in their professional opinion what those issues are and why .

Take all estimates to court and request the cost of the lowest estimate .

Of course the court may want these contractors to testify . In that case ask for another adjournment so you can subpoena them all . You would see the clerk of the court for this.

 

[debodun]

Thank you. That sounds sensible. I just wasn't sure how to approach another contractor. If I tell them I need their opinion in a case against another contractor, they may be leery about providing the information I need. They may figure that if I hire them, they may be sued or perhaps not want to be a proxy to a suit against a fellow contractor.

 

[BL]

Thank you. That sounds sensible. I just wasn't sure how to approach another contractor. If I tell them I need their opinion in a case against another contractor, they may be leery about providing the information I need. They may figure that if I hire them, they may be sued or perhaps not want to be a proxy to a suit against a fellow contractor.

That's why you need estimates from reputable licensed contractors . Call the BBB and see what Cos. they have on their list with a good score .

Any reputable Co. will be willing to repair and give a proper assessment of any prior poor work .

 

[debodun]

I'm just wondering how the contractor knew I had roofing done AFTER he worked on my porch. He doesn't even live near me. If he has some stooge spying on me for him, is that legal or admissible?

 

[latigo]

Are you certain that this dispute wasn’t submitted for resolution by an “arbitrator” rather than a small claims judge?

I ask that because you indicate that the controversy is being considered in successive stages, which would not occur before a judge. You either have your necessary evidence ready to be produced at trial or you lose.

Furthermore in a court of law “written estimates” are hearsay and not admissible to prove their contents. It behooves the claimant to have the “exerts” making those estimates present in court. And a judge is not going to continue the trial to permit the claimant to subpoena those people.

In New York City alone 40,000 plus such cases are filed annually and the courts are not about to drag them out with in a series of postponements.

 

[debodun]

It's being held in a Town Court and the person hearing my case is a bona fide judge for that town.