Can I take contractor to small claims even though I fired them?

[pmandra]

Illinois.

I recently fired a contractor I had hired and paid half of our agreed amount and all materials because he was taking way too long to put up a small fence for me. After 6 weeks of having all materials, all he had to show for his work were a handful of holes and a bunch of lame excuses.

I fired him, even though I tried to make it work by suggesting dates and continuously extending the deadline because I didn't want to lose the money. Plus we had a bunch of smaller handyman type tasks he had agreed to do in our contract that he never did either.

Question is: even though I fired him, is it still possible/advisable to take him to small claims court? I regret not having a date bound contract with him, but in my opinion, six weeks seems more than adequate and reasonable for him to have completed the job (plus he balked at my last and final offer to have everything done in an additional two weeks).

thanks for advice in advance!

 

[adjusterjack]

Yes, it's certainly possible to sue him in small claims court for a refund or partial refund if you feel that you overpaid him for the work he did.

However, it's up to you to do it or not.

I've dealt with contractors for decades and I have found that the more you pay up front the less inclined they are to show up and work.

My solution is to buy my materials and hire the contractor for labor only and only pay him at the end of each day that he works. There are contractors that'll agree to that and those that won't. Those that won't get sent down the road. Those that do, give my job priority because they don't get my money until they show up and work.

My guess is that your contractor has long ago spent your money and lives hand to mouth and wouldn't be able to pay you even if you got a judgment.