### Common Defenses Contractors Use and How to Counter Them

⏱️ 1 min read 📚 Chapter 59 of 90

Contractors facing small claims lawsuits typically raise predictable defenses that attempt to shift blame, minimize damages, or avoid responsibility for their performance failures. Understanding common defenses helps you prepare effective counter-arguments and evidence that supports your claims.

Change of scope defenses involve contractors claiming that work performed differently than originally planned was authorized by homeowners either explicitly or implicitly. Counter this defense with written contract terms, documentation of unauthorized work, and evidence that you never approved scope changes or additional costs.

Homeowner interference claims suggest that homeowners prevented contractors from completing work properly through unreasonable demands, site access restrictions, or other interference. Counter with documentation of reasonable cooperation, evidence of contractor abandonment or poor performance, and witness testimony about your cooperative behavior.

Material quality disputes arise when contractors claim they used appropriate materials that met contract specifications, while homeowners claim materials were inferior or inappropriate. Counter with specific contract language about material grades, expert testimony about material quality, and evidence of material failures or defects.

Payment disputes involve contractors claiming they weren't paid amounts owed for work completed, justifying their non-performance or abandonment. Counter with complete payment records, evidence of work quality problems, and documentation showing payments made according to agreed schedules.

Code compliance defenses suggest that work met applicable building codes even if homeowners aren't satisfied with results. Counter with official inspection reports identifying violations, expert testimony about code requirements, and documentation of correction costs for code violations.

Time extension justifications claim that delays were reasonable due to weather, permit issues, material availability, or other circumstances beyond contractor control. Counter with evidence of contractor scheduling problems, documentation of available work periods, and proof that delays exceeded reasonable timeframes.

Unforeseen conditions defenses claim that hidden problems or site conditions required additional work not contemplated in original contracts. Counter with evidence that experienced contractors should have anticipated conditions, documentation that additional work wasn't properly authorized, and proof of excessive charges for additional work.

Quality standard disputes involve contractors claiming their work met reasonable quality standards even if homeowners expected higher quality. Counter with specific contract language about quality requirements, industry standard comparisons, and expert testimony about acceptable workmanship levels.

Warranty limitation defenses attempt to limit contractor responsibility by claiming warranty periods have expired or that problems result from homeowner misuse rather than contractor defects. Counter with documentation of timely warranty claims, evidence of ongoing contractor defects, and proof of proper use and maintenance.

Statute of limitations defenses claim that legal action was filed too late under applicable time limits for construction-related claims. Counter with documentation of when problems became apparent, evidence of ongoing contractor promises to correct problems, and legal arguments about when limitation periods actually began running.

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