When you decide to hire a contractor, you make an agreement to pay for work to be completed. This agreement typically takes the form of a legally binding written contract, which means there can be consequences if your contractor fails to uphold their end of the deal.
But what actually ends up happening if the contractor does a poor job of construction, leaves the construction unfinished, or simply disappears with the money they were given?
While it’s easy to say, “take the contractor to court,” the reality of that situation is more complicated than it would seem at first glance. After all, you’re going to need to pay an up-front cost of some kind to begin the litigation process and get your money back. While the exact cost will vary from case to case, we can help you understand some of the elements of the expenses you might have to pay to sue a contractor.
How Much Does It Cost to Sue a Contractor: Court Fees
Before pursuing any legal action against a contractor who failed to fulfill their end of the bargain, it’s important to understand the fees involved in a contract litigation lawsuit. While it is possible to cut costs during certain parts of the process, we recommend that you always consult with a skilled litigation lawyer before making any potentially case-compromising decisions.
Even if you wanted to represent yourself, you can’t sue anyone without paying filing fees. Filing fees are the price you’ll need to pay when bringing a case to court. The processes happening behind the scenes, that you might not consider, does require a small fee. The court filing fees for a civil lawsuit are non-negotiable. In small claims court, the filing fees should be about $54 in the state of Texas, though you may experience a slight fluctuation in cost depending on your county. In California, it ranges from $20-$75 depending on the dispute amount and your county.
Small claims court represents the best option for resolving any disputes under $10,000, being a much simpler and more affordable process than civil court. Many people represent themselves in small claims court, but when there are thousands of dollars on the line, it can’t hurt to at least consult with a contract litigation attorney.
Civil court is for any claims exceeding the small claims limits and is a much more expensive process to begin. Filing fees for civil court in Texas and California should be about $350, though again — that price may not be completely accurate depending on your county.
How Much Does It Cost to Sue a Contractor: Before Court
After you’ve paid your filing fees, but before your actual day in court, you’re advised to pay a few additional fees, though there are certain ways around some of these costs.
When getting someone to show up to court, you need to make sure they’re served a notice to appear in court. This process is not free, and you’ll likely need to pay a process server. You need to take this part seriously, as an improperly served notice can impact the results of any trial that results from that notice being delivered.
We do not recommend that you take matters into your own hand — pay a professional server. It can range anywhere from $20 to $100, depending on the server. Unfortunately, if your contractor is aware that you’re attempting to serve them, they may deliberately evade the process server. You could need to pay for multiple attempts.
Of course, you don’t just need to pay the server. If you want to have your best shot at actually recovering the money you’re entitled, you’ll also need to pay for an attorney. While you technically don’t need to hire a lawyer, it’s ill-advised to enter a court room without a skilled representative.
While most states, including California, don’t allow you to have a lawyer in small claims court, Texas permits you to have an attorney regardless of whether your claim is in small claims or civil court.
The hourly rates for most attorneys can range from anywhere between $150 to $500 or more, depending on any number of factors from their experience to your location. Some lawyers may work on contingency, in which case they are only paid after winning your case.
No matter how you end up paying for an attorney, make sure you choose an attorney with a reputation for winning in court. While sometimes an attorney can settle the matter out of court, our firm has an outstanding track record, and we won’t hold you back from fighting—in court — to get the justice you deserve.
How Much Does It Cost to Sue a Contractor: Additional Costs
Depending on the scale of your lawsuit, you may be interested in hiring an expert witness. Expert witnesses can cost upwards of a few hundred dollars, but their testimony can significantly affect a case’s outcome if the judge was otherwise unsure of the validity of your claims.
Additionally, you will likely need to pay to print or copy any documents in significant numbers, which shouldn’t run you much higher than a hundred dollars if you use a professional printer, and much less if you own your own printer.
Do You Need a Lawyer Who Will Fight for You?
If you need an expert litigation lawyer because a contractor failed to uphold their end of a contract, LloydWinter, P.C., will aggressively fight for justice on your behalf. With over 15 years of experience and thousands of happy clients, you can trust us to resolve your case in short order. Plus, for larger disputes, we offer monthly billing plans. Contact us today for your consultation!
