Appellate Practice Attorney serving New York, NY
You can sue for whatever damages you incurred, even if that is more than you paid. For example, if you paid the landscaper $3,000 of a promised $7000, and it will now cost you $12,000 to fix the problems, you can recover $8,000 - $12,000 minus $4000 which you didn't pay the landscaper. You can't recover more than your money damages. As to whether you should sue in small claims court or engage an attorney (two separate questions), only you know (a) how much is at stake; (b) how complicated the issues are; (c) how confident you feel in your ability to handle the matter, etc.
Answered on Dec 16th, 2014 at 11:55 AM