My question involves a consumer law issue in the State of: Oregon
Our kitchen remodel project has turned sour. The contractor refuses to correct problems and relations are bitter on both sides. Our state Construction Contractors Board (CCB) offers a dispute resolution process for resolving construction complaints. The process involves a site visit by an investigator-mediator who tries to get a settlement between the owner and the contractor during the visit. If an agreement isn't reached, the CCB writes up its findings. It is up to the owner to get a judgment through small claims or civil court. Once the judgement is obtained, the CCB will obtain funds from the contractor's surety. Our contractor's bond is $20K. Other judgements might take precedence against the bond.
In our state, small claims are a maximum of $10K. Before having a case heard, the parties must attend a mediation session. If no agreement is reached the case is heard by a judge. All civil cases less than $50K, other than small claims, must be arbitrated. There are no trials. We are in the process of obtained estimates to fix the contractor's defect.
We would like for the corrective work to be done by another contractor, since the original contractor has demonstrated
sloppy work, performed over very drawn out periods, and is a proficient liar.
Here's my question: Should we skip the CCB's dispute resolution process and go directly to small claims court?
If we obtained a judgement we would be free to hire the contractor of our choice. My fear is that with the emphasis the court puts on mediation, we will be seen as having taken a short cut and our verdict will be reduced accordingly.
We would still like to go through the CCB process just to give the contractor a black mark on his record. However,
it will be 2-3 months before that process is completed and then we would still need to get a judgement in court. We also fear that the CCB might tend to side with the contractor based on very liberal interpretations of "acceptable workmanship". For instance, warped cabinet doors are usually considered to be acceptable, even though a judge might look at a photo of them and find them unsightly. Another criteria the CCB might use is whether is defect is noticeable from 6 feet away without supplemental lighting. The CCB's standards seem to be biased in favor of the contractor.

