Thank you for getting back to me.
You have three options of how to proceed. The first option would be to send a demand for the contractor to remedy the situation or that you will have to redo the steps with another contractor and will seek the entire amount from him in small claims
court. Because the contractor has already told you he will not remedy his breach of contract
, this is known as a "repudiation" and allows you to proceed without providing him a chance to remedy.
The other two options turn on when you want to file the claim. You can file the claim now and ask for a judgment in the amount of the estimate to have the work done, and rely on the estimate as proof of your damages. Or, you can pay for the work, and then seek to recoup it in small claims court by presenting the invoice for the work and proof of payment. Technically, the last option is the safest "legally" speaking because your proof of damages is absolute(i.e., not based on an estimate).
To file the small claims suit, you will need to know the contractor's address and you will need to file the claim in the court nearest you. You will need to get the new contractor to provide you with a written report showing that the steps are not in compliance with the building code pitch/slope requirements. You would ask the contractor to sign this in front of a notary and state in the beginning of the report "I swear the following is true". If you get him to do this, then you have an "affidavit" which you can use as solid evidence of the building code infraction.
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