Sue a Contractor in Small Claims Court in New Hampshire
When Small Claims Court Is the Right Move
A contractor took your deposit and disappeared, left a job half-finished, or did work so poor it needs to be redone. If the total you are owed is $10,000 or less, small claims court in New Hampshire's Circuit Court District Division is built for exactly this dispute.
Contractor cases are one of the most common small claims categories. The typical scenario: a homeowner pays a $3,000 to $8,000 deposit for a kitchen remodel, bathroom renovation, or roof repair. The contractor either never starts, abandons the work partway, or delivers results that do not meet the contract specifications. The homeowner wants the deposit back or the cost to hire someone else to finish the job.
Name the Right Defendant
This is where contractor disputes frequently go wrong. Many contractors operate under a trade name that is different from their legal entity. If you sue "Bob's Kitchen Renovations" and that is just a trade name for an LLC or an individual sole proprietor, any judgment you win may be unenforceable.
Before you file, look up the contractor's legal entity on the NH Secretary of State's QuickStart database. If they are an LLC, you sue the LLC by its registered name and list its registered agent's address. If they are a sole proprietor doing business under a trade name, you sue the individual: "Robert Smith d/b/a Bob's Kitchen Renovations."
If the contractor is a corporation or LLC, you will also need to file Form NHJB-2936-De and a Rule 1.3D Statement if you are filing on behalf of your own business entity. If you are suing as a homeowner individually, these forms are not needed.
Build Your Evidence File
Contractor cases hinge on documentation. Gather everything before you start the TurboCourt filing:
The contract or written agreement — even a text message exchange or email chain that specifies the work, the price, and the timeline counts as a contract in small claims. Print it.
Payment records — bank statements, cancelled checks, Venmo/Zelle screenshots, or credit card statements showing what you paid and when.
Photographs — before, during, and after photos of the work site. If the contractor left a job half-done, photograph the current state in detail. If the work was substandard, photograph the defects alongside the contract specifications.
Communications — every text, email, and voicemail between you and the contractor. Print these with dates and context visible.
Repair estimates — if you hired or got quotes from another contractor to finish or redo the work, bring those written estimates. The cost to complete or repair is a key measure of damages.
Demand letter and delivery receipt — if you sent a pre-suit demand (certified mail is standard), bring the letter and the postal receipt.
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Calculate Your Damages
In a contractor deposit case, your damages are typically straightforward: the amount you paid minus the reasonable value of any work actually completed. If the contractor did $1,000 worth of legitimate work on a $6,000 deposit, your claim is $5,000.
If you paid to have someone else finish the job, your damages can include the difference between the original contract price and what you actually paid to get the work done. If the original contract was $8,000 and you paid a replacement contractor $12,000 for the same scope, your damages are $4,000 — the cost overrun caused by the first contractor's breach.
Keep the total at or under $10,000. If your actual damages exceed the cap, filing in small claims permanently waives the overage.
Filing and Service
File through TurboCourt. Pay the entry fee ($125 for claims under $5,000; $180 for claims between $5,001 and $10,000). The court mails your complaint to the defendant by first-class mail.
For claims over $5,000, the court orders mandatory mediation before trial. Many contractor disputes settle at this stage — the contractor would rather agree to payments than go through a hearing.
The Statute of Limitations
Most contractor disputes fall under the three-year statute of limitations for breach of contract under RSA 508:4. Covered construction-defect claims generally have an eight-year limitation under RSA 508:4-b, measured from substantial completion and subject to statutory exceptions. Do not wait to file — the clock starts on the date of the breach, not the date you decided to take action.
Get the Step-by-Step Process
Our New Hampshire small claims guide walks you through the entire contractor dispute process — from verifying the business entity and sending the demand letter through TurboCourt filing, the hearing, and judgment collection — with a Party and Entity Verification Worksheet and an Evidence and Exhibit Inventory to keep your case organized.
Get Your Free New Hampshire Small Claims Filing Checklist
Download the New Hampshire Small Claims Filing Checklist — a printable guide with checklists, scripts, and action plans you can start using today.