Arbitration for small contract
I have a standard arbitration clause in my construction contracts, and I am in a dispute with a general contractor who hired me decided to terminate the contract after the work was performed. The project was for one day of work, however, the site was in a different condition than he specified, and which I described in the contract, and was going to require another day of work. When I brought this up to him and stated that this was going to require more money, he insisted that I cease work, remove my materials and tools.
This was a small job of $6,325 and I want to sue the general contract in small claims court to get paid for the day of labor and the special order material I had to purchase for this job. Since arbitration requires anywhere between $750-$1,500 filing fee, can I take the general contractor to small claims court and waive the arbitration clause from my own contract?