Sued by a Contractor in Alberta: How to Respond to a Civil Claim

Why Contractors File Civil Claims in Alberta

You withheld the final payment because the tile work was sloppy, the project dragged two months past the agreed date, or the contractor walked off the job. A few weeks later, a process server hands you a thick envelope from the Alberta Court of Justice.

Contractors typically file under Attachment B (Goods and Services) or Attachment I (Breach of Contract) in the Civil Division, which handles claims up to $100,000. The claim will set out the invoice amount, any interest, and the work the contractor says was completed.

This is a real court action with a real deadline. Ignoring it doesn't make it go away — it lets the contractor take a default judgment against you, potentially without a hearing.

The 20-Day Response Deadline

From the day you are personally served, you have 20 calendar days to file a Dispute Note with the court. If you were served outside Alberta, that window stretches to 30 calendar days.

Day one of the countdown is the day after service — so if the process server hands you papers on a Tuesday, you start counting on Wednesday. If the final day lands on a weekend, statutory holiday, or a day the court clerk's office is closed, the deadline rolls to the next day the office is open.

The clock does not pause while you get legal advice, negotiate with the contractor, or gather evidence. File first, negotiate after.

Your Response Options

When you file a Dispute Note, you pick one or more of four tracks:

• Dispute the claim entirely. You deny that you owe the money — perhaps the work was never completed, was defective, or the invoice exceeds the contract price.
• Dispute part of the claim. You agree some money is owed but contest the amount — the contractor invoiced $18,000, but you believe the completed portion was worth $12,000.
• Admit and propose instalments. You accept the amount but cannot pay in a lump sum. You propose a monthly payment schedule.
• Counterclaim. The contractor owes you money — for rectifying defective work, hiring a second contractor to finish the job, or property damage caused during construction. A counterclaim filing fee applies ($100 for amounts up to $7,500, $150 above that).

For contractor disputes, the counterclaim is common. Homeowners who withheld payment over defective work often have a legitimate claim for repair costs that exceeds what the contractor is suing for.

Building Your Defence for a Contractor Dispute

The Dispute Note itself is short — a few paragraphs explaining why you disagree with the claim. Evidence comes later, at mediation or trial.

Start gathering your documentation now:

• The written contract, quote, or text message agreement (including scope, price, and timeline)
• Photos and videos of the work at different stages, especially deficiencies
• Any written communication where you flagged problems to the contractor
• Invoices, receipts, and proof of payments already made
• Quotes from other contractors to rectify the defective work (critical for a counterclaim)
• A chronological timeline — when work started, when problems appeared, when you raised them, when the contractor stopped

Do not attach any of this to the Dispute Note. Court rules specifically prohibit evidence attachments at the filing stage. You will present it at your mediation or trial.

What Happens After You File

The court clerk stamps your Dispute Note, takes the applicable filing fee ($50 without a counterclaim, or $100/$150 with a counterclaim), and mails a copy to the contractor. After all Dispute Notes are filed, the court assigns a resolution track. Civil mediation is available in designated court locations; a pre-trial conference (PTC) may be scheduled as another resolution step.

A trained mediator can help both sides explore a middle ground: a reduced payment, a timeline for repairs, or a combination. If mediation does not resolve the dispute, the court may schedule a pre-trial conference (PTC) or trial.

If You Already Missed the Deadline

You can still file a Dispute Note after the 20-day window — as long as the contractor has not yet filed a Request to Note in Default or a Request for Default Judgment with the clerk. If the court has entered a Default Judgment or an Order Noting in Default, you need a formal application to set it aside ($100 fee), supported by an affidavit explaining why you missed the deadline and showing you have an arguable defence. If a default request has been filed but no order has been entered, contact the court clerk immediately about its status and your next step.

Do not assume you have automatically lost. Check with the court clerk whether a default request has been filed, and if it has not, file your Dispute Note immediately.

Next Steps

The Responding to a Civil Claim in Alberta guide walks through every step of the process — from reading the claim papers, through drafting a Dispute Note with a counterclaim, to preparing your evidence binder for the hearing. It includes a deadline calculator, a document inventory worksheet, and a response decision flowchart designed for exactly this situation.

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