Small Claims Court Contractor Dispute New Hampshire Defendant

A contractor suing you in New Hampshire small claims court usually wants payment for work they claim they completed. But incomplete jobs, defective workmanship, and inflated invoices are all legitimate grounds for disputing the claim — or filing a counterclaim for the cost of fixing what they left behind. The key is knowing how to respond and what evidence actually moves the judge.

Why Contractors File in Small Claims

Small claims court in New Hampshire handles monetary disputes up to $10,000 under RSA 503:1. Contractors use it because the filing fees are low ($105 for claims up to $5,000, $160 for claims between $5,001 and $10,000), there are no lawyers required, and cases resolve faster than in Superior Court. The judge weighs the evidence each side brings, so organized invoices and records matter.

Building Your Defense

The strongest contractor-dispute defenses rest on documented evidence showing the work was incomplete, defective, or different from what was agreed:

The contract itself. If you have a written contract, it is your most important exhibit. It defines the scope of work, the price, the timeline, and any conditions for payment. If the contractor deviated from the contract — left sections unfinished, used cheaper materials than specified, or exceeded the agreed timeline — the contract shows the gap between what was promised and what was delivered.

Photos and videos. Document the condition of the work at every stage you can. Take date-stamped photos showing unfinished areas, defects, damage, or deviations from the contract. If you hired another contractor to fix the problems, photograph the condition before and after the repair.

Third-party repair estimates or invoices. If you paid someone else to complete or correct the work, bring the invoices. If you have not yet hired anyone, get written estimates from two or three contractors describing what needs to be fixed and the cost. These estimates support a counterclaim for your repair expenses.

Communication records. Text messages, emails, and letters between you and the contractor showing you raised concerns, requested fixes, or were told the work was complete. Print full threads, not isolated messages.

Filing a Counterclaim for Repair Costs

If the contractor's work cost you money to fix, you can file a counterclaim alongside your response through TurboCourt. The counterclaim must arise from the same project, and filing fees are $105 (up to $5,000) or $160 ($5,001–$10,000), plus the 3% card surcharge.

For example: the contractor sues you for $6,000 in unpaid work. You paid $3,500 to a different contractor to redo the kitchen tile that was installed crooked. You dispute the full $6,000 and counterclaim for $3,500. The judge evaluates both claims together and enters a net judgment.

Mechanics' Liens and Small Claims

Some contractors threaten a mechanics' lien on your property as leverage. A mechanics' lien is governed by RSA 447 and is separate from a small-claims money claim. Under RSA 503:1, small claims cannot decide a dispute that requires determining ownership or title to real estate. But the existence of a lien dispute does not prevent the contractor from also suing for a qualifying unpaid balance in small claims.

If a contractor has filed or threatened a lien, it does not change your response strategy in small claims. File your response on time, dispute the amount, and bring your evidence. The lien is a separate matter.

At the Hearing

The judge will look at three things: what the contract required, what the contractor actually delivered, and what each side can prove. Formal rules of evidence do not apply in NH small claims (Rule 4.5), so the judge can consider text messages, photos, and estimates without the technical challenges that Superior Court would require.

Present your evidence in chronological order: the original contract, photos of the work in progress, your complaints to the contractor, photos of the defects, and the repair estimates or invoices. A one-page timeline of key dates helps the judge follow the story.

The Responding to a Small Claims Case in New Hampshire guide includes an evidence indexing log and hearing preparation worksheet built for exactly this kind of dispute.

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