Shoddy job from kitchen contractor. Making sure I'm on good footing for small claims court?

[forumuser8232]

Location: Michigan


I hired a contractor to replace my kitchen floor, and after a couple of months the adhesive failed. After a discussion with him and an email chain with the manufacturer, it is clear to me that he did not install according to the instructions, and if he had done it correctly the problem would not have happened. He won't acknowledge that anything he did contributed to the problem and blames the materials. Nor will he accept a compromise where he is responsible for any of the costs of redoing the work. Now he is stonewalling me and not replying to my emails.

I assume that filing a complaint with the licensing board won't get my floor fixed, and it seems like small claims court is the next step.

If this is true, it seems to me there are a few ways I could go forward, but what makes the most sense to me is that I would find another contractor, have them do the necessary work (remove the floor, install new tiles with correct prepwork done). I assume this will cost somewhere in the neighborhood of $750-1500. I would pay him, and then turn around and file a claim in small claims court against my original contractor, with this invoice as my damages.

It'd be great if someone could sanity-check my plan or offer any advice.

Some more specific questions:

Would it be better to have the work done, or would getting an estimate for the repair be sufficient for damages?

I would probably send him a formal letter first requesting reimbursement. Not sure if I should do this before or after the other contractor does the work.

 

[PayrollHRGuy]

You should get a quote from another contractor or two for what the fix will cost. Then you sue him for that.

 

[LdiJ]

You should get a quote from another contractor or two for what the fix will cost. Then you sue him for that.

I disagree...that won't get the flooring fixed. I think that the OP should go ahead and have it fixed (with plenty of records of bids) and sue from there.

 

[Zigner]

I disagree...that won't get the flooring fixed. I think that the OP should go ahead and have it fixed (with plenty of records of bids) and sue from there.

Several quotes WILL get the flooring fixed because, once he has the judgment in hand, he can then get the work done (or, he can wait until he gets the money from the old contractor and then get the work done.) Why do you say otherwise?

 

[forumuser8232]

If I don’t mind paying out of pocket for a repair now and waiting for reimbursement, will it make a difference either way (estimate vs actual invoice) in the context of the suit? Does one give me a stronger hand than the other in front of the judge?

 

[Zigner]

If you have several estimates showing substantially similar amounts, it really shouldn't make a difference. In fact, the problem with just having the work done and not having any other estimates is that the judge may believe that the invoiced amount was inflated.

 

[not2cleverRed]

If I don’t mind paying out of pocket for a repair now and waiting for reimbursement, will it make a difference either way (estimate vs actual invoice) in the context of the suit? Does one give me a stronger hand than the other in front of the judge?

Get more than one estimate. This gives you further documentation of the problem, and helps to justify the cost.

Oh wait, I type slowly. What Zig said.

 

[LdiJ]

Several quotes WILL get the flooring fixed because, once he has the judgment in hand, he can then get the work done (or, he can wait until he gets the money from the old contractor and then get the work done.) Why do you say otherwise?

In the end, whether he gets a judgment or not, he is going to have to handle getting the flooring fixed. I see no reason to wait the months that it will take to have the case heard and maybe (no guarantee) getting a judgement against the contractor and the potential years it might take to actually collect on that judgment. He needs to go ahead and get his floor fixed.

 

[Zigner]

In the end, whether he gets a judgment or not, he is going to have to handle getting the flooring fixed. I see no reason to wait the months that it will take to have the case heard and maybe (no guarantee) getting a judgement against the contractor and the potential years it might take to actually collect on that judgment. He needs to go ahead and get his floor fixed.

I agree with this, but it's not what you said before.

In any case, the OP should get several estimates. I'm thinking a minimum of 3...but I'd personally get 5 if I could. The OP should then avoid the highest two of those 5 estimates when getting the work done.

 

[LdiJ]

I agree with this, but it's not what you said before.

In any case, the OP should get several estimates. I'm thinking a minimum of 3...but I'd personally get 5 if I could. The OP should then avoid the highest two of those 5 estimates when getting the work done.

Its what I meant before. I will concede that I could have stated it better.

 

[Zigner]

Its what I meant before. I will concede that I could have stated it better.

Fair enough

 

[forumuser8232]

Thanks everyone for your advice. I will probably go ahead and get the floor fixed and get several quotes in the process.

A more practical question on small claims court - I'm a stay-at-home parent with a small child. I know nothing about the small claims process and whether its flexible at all. Is it kind of like jury duty in that they tell you a date/time to show up and thats when I need to show up, or will they take into consideration that I can only come on certain days of the week, or only in the mornings, for example?

 

[forumuser8232]

Also, secondary question - would it be sensible to send him a letter requesting reimbursement before I file suit? I assume he would not pay at that point, but would it help me in court at all?

 

[PayrollHRGuy]

Thanks everyone for your advice. I will probably go ahead and get the floor fixed and get several quotes in the process.

A more practical question on small claims court - I'm a stay-at-home parent with a small child. I know nothing about the small claims process and whether its flexible at all. Is it kind of like jury duty in that they tell you a date/time to show up and thats when I need to show up, or will they take into consideration that I can only come on certain days of the week, or only in the mornings, for example?

That will depend on you local court. Where I am they have it one time per week (Friday) and everyone is docketed at 8:00 AM and you sit until it is your turn.

Also, secondary question - would it be sensible to send him a letter requesting reimbursement before I file suit? I assume he would not pay at that point, but would it help me in court at all?

Yes a demand letter first would be smart. In fact, in some jurisdictions it is required.

 

[LdiJ]

Thanks everyone for your advice. I will probably go ahead and get the floor fixed and get several quotes in the process.

A more practical question on small claims court - I'm a stay-at-home parent with a small child. I know nothing about the small claims process and whether its flexible at all. Is it kind of like jury duty in that they tell you a date/time to show up and thats when I need to show up, or will they take into consideration that I can only come on certain days of the week, or only in the mornings, for example?

Nope, you are going to have to go when they tell you. You don't get to schedule a time that's good for you.

Yes, it would be a good idea to send him a demand letter before you file suit.