Negligent owner/ builder -- Can I increase my claim?

[Unregistered]

I leased purchased a house in 11/04 and upon moving in had several things that needed to be fixed only 2-3 from list were fixed. 07/05 a crack began in my kitchen floor I called the owner/builder and he was cooperative at first then began not to answer my calls. I started dealing w/ his secretary who related she could not get the o.k. to purchase the tile to fix the floor. We began working on buying the house and upon closing on the real estate contract I asked that the seller fixed the floor in 30 days. The seller agreed and signed contract. To date he has not fixed and now the floor is discontinued so will all have to be replaced. I am taking the builder to small claims and he has hired an attorney and is suing me for 5,000 for lost wages and attorney fees. We will now be in district court since he hired an attorney. What are my chances and can I increase my claim now because the floor is going to cost more than I thought.

[Unregistered]

Yes you can increase the claim. We would think you have a good case and should prevail based on what you say here.