Step 1. Check the license and complain to the licensing board
Most states license contractors through a state board or department. Look the contractor up on the board's website: you need the exact business name and license number for your case. Filing a complaint with the board is free and runs in parallel with small claims. Some states also have extra protection: for example, Maryland and Virginia run recovery funds for homeowners hurt by licensed contractors, and California requires licensed contractors to carry a bond. Your state's licensing board will tell you what's available.
Step 2. Gather proof
- The contract, estimate or text messages that show what was agreed and the price.
- Proof of every payment: cancelled checks, card statements, Zelle or Venmo history.
- Dated photos and video of the unfinished or faulty work.
- A written estimate from another licensed contractor for what it costs to fix or finish the job. This is usually the most convincing evidence of how much you lost.
- Messages where the contractor promised to come back, or stopped answering.
Step 3. Work out what to ask for
Usually it's either the money you paid for work that wasn't done, or the extra cost to have someone else fix it. Don't count the same loss twice. If the total is above your state's small claims limit, you can usually drop the extra to stay in small claims, or file in a higher court. See all limits in one table: small claims limits by state.
Step 4. Send a demand letter
Give the contractor 10 to 14 days to refund or fix the work. Many pay at this point, because a judgment can hurt their license and their bond. Our demand letter guide has a template, and every state page has a free letter tool.
Step 5. File and serve
Sue the business under its legal name (check the Secretary of State's business search), and the owner personally too if you dealt with them as an individual or the business isn't registered. File in the county where the work was done or where the contractor is based; your state page explains the venue rules and how to serve the papers.
Watch out for these
- Counterclaims and liens. If you held back money, the contractor may say you owe them the balance, or record a mechanic's lien on your home. Bring proof that the work was unfinished or defective.
- Unlicensed contractors. You can still sue them, and in some states an unlicensed contractor can't force you to pay for the work. Report them to the licensing board as well.
- Deadlines. The time limit to sue depends on whether you had a written or an oral agreement:
| State | Written contract | Oral agreement | Small claims limit |
|---|---|---|---|
| Alabama | 6 years | 6 years | $6,000 |
| Alaska | 3 years | 3 years | $10,000 |
| Arizona | 6 years | 3 years | $5,000 |
| Arkansas | 5 years | 3 years | $5,000 |
| California | 4 years | 2 years | $12,500 |
| Colorado | 3 years | 3 years | $7,500 |
| Connecticut | 6 years | 3 years | $5,000 |
| Delaware | 3 years | 3 years | $25,000 |
| District of Columbia | 3 years | 3 years | $10,000 |
| Florida | 5 years | 4 years | $8,000 |
| Georgia | 6 years | 4 years | $15,000 |
| Hawaii | 6 years | 6 years | $5,000 |
| Idaho | 5 years | 4 years | $15,000 |
| Illinois | 10 years | 5 years | $10,000 |
| Indiana | 10 years | 6 years | $10,000 |
| Iowa | 10 years | 5 years | $6,500 |
| Kansas | 5 years | 3 years | $10,000 |
| Kentucky | 10 years | 5 years | $2,500 |
| Louisiana | 10 years | 10 years | $5,000 |
| Maine | 6 years | 6 years | $10,000 |
| Maryland | 3 years | 3 years | $5,000 |
| Massachusetts | 6 years | 6 years | $7,000 |
| Michigan | 6 years | 6 years | $7,000 |
| Minnesota | 6 years | 6 years | $20,000 |
| Mississippi | 3 years | 3 years | $3,500 |
| Missouri | 10 years | 5 years | $5,000 |
| Montana | 8 years | 5 years | $7,000 |
| Nebraska | 5 years | 4 years | $7,500 |
| Nevada | 6 years | 4 years | $10,000 |
| New Hampshire | 3 years | 3 years | $10,000 |
| New Jersey | 6 years | 6 years | $5,000 |
| New Mexico | 6 years | 4 years | $10,000 |
| New York | 6 years | 6 years | $10,000 |
| North Carolina | 3 years | 3 years | $10,000 |
| North Dakota | 6 years | 6 years | $15,000 |
| Ohio | 6 years | 4 years | $6,000 |
| Oklahoma | 5 years | 3 years | $10,000 |
| Oregon | 6 years | 6 years | $10,000 |
| Pennsylvania | 4 years | 4 years | $12,000 |
| Rhode Island | 10 years | 10 years | $5,000 |
| South Carolina | 3 years | 3 years | $7,500 |
| South Dakota | 6 years | 6 years | $12,000 |
| Tennessee | 6 years | 6 years | $25,000 |
| Texas | 4 years | 4 years | $20,000 |
| Utah | 6 years | 4 years | $20,000 |
| Vermont | 6 years | 6 years | $10,000 |
| Virginia | 5 years | 3 years | $5,000 |
| Washington | 6 years | 3 years | $10,000 |
| West Virginia | 10 years | 5 years | $20,000 |
| Wisconsin | 6 years | 6 years | $10,000 |
| Wyoming | 10 years | 8 years | $6,000 |
Deadlines usually run from the date the contract was broken. Some start later if you couldn't have discovered the problem; check your state page for details.