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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I am going to trial with a contractor concerning a job that

Customer Question

I am going to trial with a contractor concerning a job that was not completed properly, base on the contract in which they signed off on. I contracted for a new roof and gutters almost three yrs ago. I have tried every area I could to get resolution. The bank who finance the loan, BBB, and Consumer Bureau. Each agency took time to follow through, to no avail, Now my final step is court. I am suing for the whole total of $12,500. I got a letter the other day from a lawyer who is now representing the company. I am a little worry but oh so tired of the company crap. Three yrs and they are still giving me excuses and annoying my request for service. I can't prove it but I believe they hired some amateurs to do the job. Funny, I went through every door to make sure I was getting a good company, even made them clean up a complaint from a customer I read on BBB. I believe they contracted my work out to someone I probably would have never hired. It seem that they go out getting cheap unqualified workers to do the jobs. It has been one thing after another for the pass three years, pouring water in my bathroom ceramic ceiling, that they finally fixed the leak, but the water that continuously go to my basement has not been repaired. Again more excuses, they give. you can see the sky between my gutter, and they said that's normal, my complaint is if the gutter are not catching the water from coming down on the house or into my basement, what are the purpose of them. Instead of giving me a new roof, they overlay most of my roof. How can I match a lawyer? I don't have any money to hire a lawyer.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
You can represent yourself in court, but be prepared - go to your local law library, they have books called "practice guides" which are handbooks used by attorneys to help with the procedure (it is a great resource and can help guide you through the litigation process).You are also going to want an expert witness - so find a contractor (preferably one with experience in the same industry - gutter installation/repairs) who can testify as to the standard of care and whether or not these guys fell below (they probably did based on what you posted, but you need an expert's opinion in court). Your expert can also testify as to the cost of repair (this will establish your ultimate damages at trial).As you are building your case, be prepared for mediation or settlement, the vast majority of cases settle - partly because parties want to avoid the cost and time associated with trial, and partly because parties tend to get an idea of what a case is worth as they go through the litigation process - so as you work with your expert you will get a better idea of the valuation of your case and you can better negotiate a settlement on your behalf (you don't have to settle, but as you work through the litigation you can see potential defenses and costs associated with litigation, and calculate the cost/benefit analysis as well as risk aversion associated with this to reach a resolution).

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