Suing a Contractor

[Mark Mynhier]

This is a bit complicated (or maybe I am making it that way), but here goes.

I hired a contractor, after vetting her and seeing her work. We signed a contract with a few specifics in it that are applicable. First, that everything has to be done to Code and second that there is a penalty if she goes over the time allotted for the rehab.

She was a nightmare contractor - making changes because she has flipped a few houses and thought that it would be better "her way" rather than my way. Never staying in communication with me, etc. End of story is that the rehab was not done to Code and she never finished the job. I had to hire someone else who helped me find qualified workers to finish the job since she wasn't responding to e-mails or phone calls. After the house was sold (and she couldn't put liens on the house), I sent her a bill for the work that had to be done and the 88 days that she was late (the penalty clause). She came back with "after extensive research" she believes that she does not owe me the $9,800 that the penalty and other work include.

My plan is to take her to Small Claims Court (max award is $10,000 in California) for the bill. I have photos, etc. of the work that wasn't done properly as well as my original contract. I know how to handle Criminal Court (part of my day job), but Civil Court is beyond my experience. What should I know to prepare myself when I get to Court. Should I put in a complaint against her license before or after the law suit is filed?

Any general advice on suing a Contractor would be appreciated. I did contact a lawyer about the forms and procedures, but the actual "in Court" stuff is what I don't have experience with.