Help with wording court papers please

[Lorix2]

In a nutshell, we're preparing to sue the contractor we hired to frame a 2nd floor for us. The framing wouldn't pass inspection by the city last October and when pushed for the name of the engineer he used by my city's architectural engineer, he wouldn't provide it (because he doesn't exist) and had xxx amount of days to provide the info so they could speak to that person, he still refused. I told him to provide us the name or he'd get paid no more. He said "goodbye" and hung up. He walked away.

Now...my husband purchased more lumber/materials at our expense, finished the work himself and uncovered and took photos of, all the things the contractor hid to get by and we had to repair at our expense. He's put in more than 40+ hours to bring the things up to code. You wouldn't believe the lenghts the contractor went to save money for himself. It's been hell.

The good news is the upstairs is just about finished, just a few minor things to do and we're moving up.

I want to recoup some labor for my husband as well the money I spent *again* for materials. He worked himself to the bone every night and all weekend long for months for something we already paid to have done!

How do I briefly say all this in the court papers to initiate a hearing? How do I find out how much I can ask for labor?

Thanks for any help anyone can provide.

 

[Kim&Chris]

Have you hired an attorney? If not, you should consider doing so. They will be able to fire off a letter asking for monetary consideration for time, labor, material, inconvenience, aggravation, etc., which may help you recoup all your losses.

 

[Lorix2]

Hi,

I did consider using a lawyer, but feel that it'll probably cost more for the attorney than what I'd get back for compensation. That's why I was seeking small claims, up to $5000.00.

 

[mickeyboat]

Contact the court clerk where you intend to file. Sometimes there are fill in the blank pleadings or sample pleadings available for you to use as a reference. A friend of mine handled her own divorce and all the information she needed to do it on her own was in a booklet she purchased from the court.

Court clerks are invaluable resources!

Denae

 

[KevinNYC]

Lori

 

[KevinNYC]

Lori

 

[KevinNYC]

If you use the small claims court then it might be easier for you to get satisfaction. In NY the small claims court has very casual requirements as do many states so people dont really need a lawyer. All you would need to write in the complaint form is that you are seeking compensation and reimbursment for breach of contract and fraud. Then when you go to court for your hearing make sure you have detailed notes of your telephone discussions as well as copies of every bill..invoice..contract and whatever other documents you need to substantiate your loss. Photos are a great help as well to show the hearing judge. If possible bring any fact witness who might back up your side of the story. The real possible downside is that even if you prevail and are granted a judgment against the contractor...they often run away or just close shop and open under a new corporation name..so you never get to receive your money. Also try reporting this to your Better Business Bureau and also your local County Attorney. The District Attorney in most states have a fraud bureau that might be able to help. Good luck

I am sorry for the earlier 2 posts...somehow my computer seemed to submit the posts even before I had written them..oh well..