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How to Sue a Contractor in Small Claims Court

Free guide · Small Claims Center · Updated 2025

Contractor disputes — incomplete work, shoddy workmanship, overcharging — are extremely common in small claims court. Here's how to build a winning case.

Common contractor claims:

- Contractor took deposit money and never started or completed work
- Work was done but is defective or not to spec
- Final bill far exceeded the quoted price without authorization
- Contractor caused damage to your property

Essential evidence to gather:

- The original written contract or written quote
- All invoices and receipts for payments made
- Before and after photos of the work area
- Written estimates from other contractors documenting the cost to fix/complete the work
- Text messages, emails, or voicemails from the contractor
- Any written change orders (or lack thereof)

Verify the contractor's license. In most states, contractors must be licensed for certain types of work. Unlicensed contractors performing licensed work is often a separate legal violation that strengthens your case. Check your state contractor license board.

Get repair estimates in writing. To prove damages, get 2-3 written estimates from licensed contractors to complete or repair the work. These estimates become your evidence of actual damages.

File your claim: You can sue for the cost of completing or repairing the work, return of deposits paid for unfinished work, and in some cases, consequential damages (like hotel costs if your bathroom was left unusable).

The contractor doesn't show up: Common outcome — many small contractors ignore court summons. You'll receive a default judgment in your favor, which you'll then need to collect.

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