Williamsville, NY asked in Contracts, Consumer Law and Collections for New York

Q: Contractor is demanding payment for 3-day job that took six months. Do I go to small claims court?

Landscaping contractor kept making mistakes on the patio job that was supposed to be 3-days. I paid for material upfront but refuse to pay the other 50% of the invoice for labor. The job took six months. The job started in July 2021, the invoice was issued in Sept 2021 and the job didn't finish until Dec 2021. They returned to my home randomly during the 6 months to attempt to "fix" the unlevel patio. I have the emails confirming that the lead contractor takes full responsibility for the errors. Can I take them to small claims court to cancel the invoice? I do not want any money but I do not want to pay the labor invoice since the timeline for the job took 6 months longer than expected.

1 Lawyer Answer
Giselle Ayala Mateus
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  • New York, NY
  • Licensed in New York

A: You could. It is necessary to review the documents that you have and whatever evidence you have collected. Many attorneys charge a flat fee to go to Small Claims Court.

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