Sued by a Contractor in Manitoba Small Claims Court — Defendant's Guide

The contractor who left your kitchen half-finished — or installed flooring that buckled within a month — is now suing you for the unpaid balance. It feels backwards, but contractor-vs-homeowner disputes are one of the most common claim types in Manitoba's Small Claims Court. Being the defendant doesn't mean you're in the wrong. It means you need to respond strategically within your 20-day window.

Why Contractors File First

Contractors often file first because they have a clear, documentable number: the unpaid invoice. From their perspective, they did work and didn't get paid. Your side of the story — incomplete scope, defective materials, missed timelines, damage to your property — is harder to reduce to a single dollar figure. That's exactly why the defence and the hearing exist.

Responding to the Claim

You have 20 calendar days from service to file Form 76D (Defence) at the court registry with the $50 fee. If the contractor owes you money from the same project — repair costs to fix their defective work, for instance — file Form 76E (Defence and Counterclaim) instead. Same fee, same deadline, but now you're also claiming against them.

In the dispute-reasons section, keep it factual:

• State what was agreed (the scope, price, and timeline of the contract)
• Describe what actually happened (what was completed, what was left unfinished, what was done poorly)
• Explain why you withheld payment (incomplete work, defects, departure from the agreed scope)
• List any costs you incurred to fix the problems (with amounts and the name of the replacement contractor)

Gathering Your Evidence

Contractor disputes are won or lost on documentation. Start collecting now — don't wait for the hearing date.

The contract or agreement. Even a text-message exchange where you agreed on a price and scope can help show what was agreed. If there was no written contract, gather other evidence such as messages, estimates, invoices, and notes; the contractor must prove the agreement and amount claimed.

Payment records. Bank transfers, e-transfers, cancelled cheques, and receipts showing what you already paid.

Photos and videos. Document the incomplete or defective work with timestamps. Photos taken during the project showing progress (or lack of it) are more persuasive than photos taken the night before the hearing.

Quotes or invoices from a second contractor. If you hired someone else to complete or repair the work, their invoice is direct evidence of your loss.

Communications. Text messages, emails, or voicemails where you raised concerns with the contractor or they acknowledged problems.

All documents must be filed with the court and served on the contractor at least 14 calendar days before the hearing date. Bring three copies to the hearing: one for the Court Officer, one for the contractor, and one for yourself.

The Counterclaim Option

If the cost of fixing defective work or completing the abandoned project exceeds what the contractor says you owe, a counterclaim makes sense. On Form 76E, you set out both your defence and your own dollar claim. The filing fee is $50 total — no extra charge for the counterclaim.

Manitoba's small claims limit is $20,000. If your counterclaim exceeds that, you must either waive the excess (and permanently give up recovery above $20,000) or apply to transfer the whole case to the regular civil division of the Court of King's Bench, where the process is slower, more formal, and more expensive.

At the Hearing

The Court Officer will hear both sides informally. The contractor presents their case first — what was agreed, what work was done, what they're owed. Then you present your defence — what was actually delivered, what's defective, and what it cost you.

Stay calm and organized. Avoid arguing about the contractor's character. Focus on the gap between what was promised and what was delivered, supported by your documents and photos.

The Manitoba Small Claims Response Guide includes an evidence organization worksheet and a counterclaim checklist designed specifically for contractor disputes.

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