Sued by a Contractor in South Australia: How to Respond
A contractor you hired to paint the house, fix the plumbing, or build a deck has filed a claim in the South Australia Magistrates Court for unpaid work. The papers say you owe them thousands of dollars, and you have 28 days to respond. Whether you refused to pay because the work was unfinished, defective, or never done at all, the response process matters — a missed deadline lets the contractor apply for default judgment.
Check What They're Claiming
Read the Statement of Claim (Form 1 or Form 1S) carefully. It should set out:
- The work they say they agreed to do
- The price or quote
- What work they say they completed
- The amount they say remains unpaid
Compare their version against your records. Do you have a written contract, a text message quote, or an email confirming the scope? Does the amount match the original agreement, or have they added charges you didn't approve?
Common Defences When a Contractor Sues
The work was defective. This is the most common defence. If the contractor's workmanship was substandard — leaking plumbing, uneven tiling, structural issues — you may be entitled to withhold payment until the defects are remedied, or to reduce the amount you owe by the cost of rectification.
Part 5 of the Building Work Contractors Act 1995 (SA) includes certain applications treated as minor statutory proceedings. That classification does not make every workmanship defect an automatic right to withhold the contract price. If you've paid another contractor to fix the work, those costs may support a counterclaim; keep the invoices and evidence of the defects.
The work wasn't completed. If the contractor walked off the job partway through, compare the work completed with the contract and the amount claimed. Whether any further payment is due depends on the contract terms and the work actually performed; there is no fixed percentage of completion that decides the issue.
The price was different. If the contractor quoted $5,000 but is now claiming $8,000 for extras they say were agreed verbally, the burden is on them to prove the variation was authorised. Written change orders or text messages approving additional work are the key evidence here.
You already paid. Bank transfers, cheques, and even cash payments (if you got a signed receipt) may show the debt has been satisfied.
When to Counterclaim
If the contractor's defective work caused you additional damage — water damage from a plumbing job, structural cracking from a poorly built retaining wall, or the cost of hiring someone else to finish or fix the work — you can file a counterclaim (Form 61/61S) alongside your defence.
The counterclaim costs $186 to file and asserts your own claim against the contractor within the same case. If the contractor drops their claim against you, your counterclaim survives and proceeds independently.
For the counterclaim to be effective, you need evidence of the defective work and the cost of remediation. An independent quote or invoice from another licensed tradesperson is the strongest form of proof.
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Evidence to Gather
Before filing your defence:
- Photos and videos of the workmanship — dated if possible (your phone's metadata helps)
- The original contract, quote, or text message agreement — whatever documents the scope and price
- Correspondence — emails, texts, or letters where you raised concerns, requested rectification, or disputed the invoice
- Independent quotes for rectification work — what another contractor says it would cost to fix or finish
- Payment records — bank statements, receipts, or records of cash payments
- Building work licence — check whether the contractor holds a current licence on the Consumer and Business Services website and keep a record of the result. Ask a legal service or CBS what the licence status means for your particular claim.
Filing the Defence
File a Form 51S defence on CourtSA (free, no filing fee) within 28 days. Address each allegation in the Statement of Claim — admit what's true (the contract existed, some work was done), deny what's false (the work was complete, the full amount is owed), and state your version clearly.
If you're also counterclaiming, file the Form 61/61S at the same time. Both must be served on the contractor after filing.
The Hearing
Contractor disputes in the minor civil track usually involve a directions hearing (about six weeks after the defence is filed), a possible mediation session, and — if no settlement is reached — a trial.
At trial, both sides present their evidence. Bring organised copies of everything: the contract, your photos, the defect quotes, and your payment records. The magistrate will assess the evidence and decide whether the contractor is owed the full amount, a reduced amount, or nothing — and whether your counterclaim succeeds.
Our guide to responding to a minor civil claim in South Australia walks through the entire defence and counterclaim process, including a defence preparation worksheet and document organiser for building your evidence file.
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