Why Swimming Pool Contractors Shouldn’t Represent Themselves in Small Claims Court in Florida

As a swimming pool contractor, you're used to solving problems—whether it's dealing with construction delays, tough clients, or navigating Florida’s extensive building regulations. But when a dispute lands you in small claims court, it's tempting to think, “How hard can it be?” After all, it’s called “small” claims court for a reason, right?

Not so fast.

At the Simpson-Cannon Law Firm, we see our swimming pool construction companies make one of the biggest mistakes by choosing to represent themselves in small claims court. Here's why that decision can end up costing more than you think it might save.

1. Your Business Can Legally Represent Itself in Small Claims Cases—But Should It?

Florida law allows an employee of a corporation or LLC to represent it in small claims cases if an officer of the corporation or controlling member of the LLC gives permission to the employee to do so.  Keep in mind, though, that the employee would not only have the power to speak on behalf of the business, but the employee would also have the power to bind the business to any agreement, position, or argument made by the employee.  

Giving an employee of the business such authority can have significant ramifications for your business.  As discussed below, while it may seem convenient and cheaper to just delegate an employee to handle the small claims case, it could be a great risk to your business.

2. The Stakes Might Be Higher Than You Think

Small claims court in Florida handles disputes up to $8,000, not including interest, court costs, or attorneys' fees. That may seem like a manageable sum, but losing a case could also:

• Trigger Department of Business and Professional Regulation (DBPR) complaints

• Damage your reputation and hurt future business

• Lead to judgments that can impact your credit or business financing

• Affect your contractor’s license if a judgement is not paid timely

3. Technical Issues Can Sink Your Case

Swimming pool projects often involve complex contracts, permitting requirements, subcontractors, and inspection issues. Even in small claims court, you may need to:

• Interpret and explain technical contract terms

• Submit proper documentation for materials and labor

• Handle disputes about permitting, liens, or workmanship

If you’re not familiar with legal procedures or rules of evidence, you may miss the opportunity to get the case dismissed if you are the defendant—or if you are the plaintiff you may miss an opportunity to favorably end the case before a trial.

4. You May Miss Out on Legal Defenses

Without legal guidance, you might not even realize what defenses or counterclaims you’re entitled to. An experienced attorney can:

• Identify hidden legal protections in your contract

• Raise proper objections

• Spot procedural errors in the plaintiff’s case

• Help negotiate a favorable settlement before trial

These are opportunities that self-represented contractors often overlook.

5. Protecting Your License Should Be a Priority

Your contractor’s license is your livelihood. Even a small claims dispute can result in a complaint to the DBPR if mishandled, potentially leading to:

• Investigations

• Fines

• License suspension or revocation or denial of renewal

An attorney can help you manage the legal process while protecting your license and reputation in the industry.

Final Word:  Don’t Go It Alone

You wouldn’t let a homeowner install their own pool without the right tools, permits, and experience—and the same applies to navigating the legal system.

At the Simpson-Cannon Law Firm, we represent swimming pool contractors across Florida. Whether you're facing a small claims case or a larger construction dispute, our legal team is here to protect your business, your license, and your bottom line.

Need help with a dispute?
Contact us today to schedule a consultation and get the experienced legal support your business deserves.

To better understand what’s really involved in representing yourself, download our Swimming Pool Contractor’s Small Claims Court Readiness Checklist. This practical checklist helps you evaluate the documents, steps, and risks involved in representing your business in court—so you can make a more informed decision.
👉 Click here to download the checklist