Q: How do a file a case above small claims where I intend to represent myself?
I have a breach of contract case against a contractor who did improper work on my home. I completed the complaint and mediation process with the State of Oregon Construction Contractors board. The contractor has not responded to any communication and did not appear for the mediation appointment with the CCB. I have the failed inspection reports and a lot of documentation about the case.
I don't know how to initiate the case because the amount is estimated to be above small claims limit of 10K, and the process is not clear to me.
Your assistance is appreciated!
A:
You would need to file a complaint for breach of contract in the circuit court for the county in which your home is located. In your complaint, you would need to make allegations to support your claim, including allegations to support the existence of a contract, how the contractor breached it, that you have performed all conditions on your part to be performed, and the amount of damages you suffer as a result of the contractor's breach.
The Oregon judicial department has a self help page that can guide you through the filing process, which can be done electronically: https://www.courts.oregon.gov/how/Pages/file.aspx
Assuming that your contractor is licensed with the CCB, there are certain procedural requirements you must follow in order to obtain access to the contractor's bond for any judgment you obtain. I highly recommend you consult with an attorney that practices in this area to ensure your complaint is filed properly so you can hopefully obtain access to the contractor's bond. Good luck.
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