I'm curious if anyone here has ever successfully sued a contractor. I recently hired one for a big home renovation in NYC, and it turned out to be a disaster with lots of serious workmanship issues and blatant contract violations. I'm currently working with a lawyer, and we're considering a trial in New York Supreme Court. However, I'm worried about the potential legal fees, which could hit $100,000 if we go the full route. My lawyer mentioned that I might be able to recover those fees if I win the case, but I've read that in New York, it's not guaranteed unless there's something specific in the contract or law that covers it.
Anyone here taken legal action against a contractor and managed to win or recoup legal fees? Also, do you think it's worth negotiating with my lawyer for a different fee structure, like a contingency agreement or a smaller cut of any potential award? I'd love to hear any real-life experiences to understand if this is worth pursuing or a financial black hole.
3 Answers
One big thing to consider is that even if you win a judgment, there's a risk that the contractor could go bankrupt, which means you might not see any money at all. Small contractors can easily close shop and start over to avoid paying hefty judgments. So, while getting a judgment sounds good, you might end up out of pocket for your initial costs and legal fees. Just keep your expectations realistic about recovering anything, especially from smaller businesses.
Not a lawyer, but I don’t think you just start at the NY Supreme Court for these issues. Many cases settle out of court instead. Your lawyer can negotiate a settlement for you, which often means you won't need to go to trial at all. Make sure you lay out your damages and contract breaches clearly to make negotiation easier. And remember, losing could cost you a lot more, so getting something is often better than risking it all in court.
You should definitely check if your contractor has any assets to recover if you win. If they’re an LLC, it can be hard to go after the owners' personal assets, but you can try to seize company assets if they exist. The structure of their business can really affect your chances. Just make sure you've assessed all your options before moving forward!
Would being licensed and insured make any difference in this case?