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Construction disputes are a common occurrence in the construction industry. They can arise due to a variety of reasons, such as delays, non-payment, or breach of contract. In many cases, these disputes can lead to legal action, with parties seeking compensation for damages. However, in some instances, the documentation at the beginning of the project is inadequate, making it challenging to determine what information is relevant in small claims court. In this article, we will guide you through the process of navigating construction disputes in small claims court in the province of Alberta.
Small claims court is a simplified court process designed to resolve disputes involving relatively small amounts of money. In Alberta, the maximum amount that can be claimed in small claims court is $50,000. Small claims court is an accessible and affordable way to resolve disputes without the need for a lawyer.
When pursuing a construction dispute in small claims court, it is crucial to determine what information is relevant to your case. This includes gathering any contracts, invoices, and receipts related to the project. It is also essential to keep track of any correspondence, including emails and text messages, that may be relevant to your case. Additionally, it would be best to keep a record of any phone conversations or meetings with the other party.
Determining the damages you can claim in a construction dispute can be a challenging task. Damages may include direct costs, such as the cost of materials and labor, as well as indirect costs, such as loss of income and damages to your reputation. It is essential to keep track of all costs related to the dispute, including any expenses incurred during the legal process.
To file a claim in small claims court, you must complete the appropriate forms and pay the filing fee. In Alberta, the filing fee is $100 for claims up to $7,500, $200 for claims between $7,500 and up to $50,000. Once the forms and fee are submitted, the other party will be served with a copy of the claim, and they will have a set amount of time to respond
As previously mentioned, lawyers are not allowed to appear on your behalf in small claims court. This means that you will be representing yourself during the legal process, or with the help of U-SUE. It is essential to be prepared, organized, and confident when presenting your case in court. This includes having all relevant documentation on hand and being able to articulate your arguments clearly. We’ll help you gather all relevant information.
In some cases, small claims court may recommend attending mediation as a way to resolve the dispute. Mediation is a voluntary process that involves a neutral third party who will work with both parties to try and reach a settlement. Mediation can be an effective way to avoid going to court and resolving the dispute in a more timely and cost-effective manner.
If you disagree with the decision made by the small claims court, you have the option to appeal the decision to the Court of Queen’s Bench. However, appealing a decision can be a lengthy and expensive process, so it is essential to weigh the costs and benefits carefully.
Construction disputes can be a challenging and stressful experience. However, by understanding the small claims court process and working with U-SUE, you can increase your chances of a successful outcome. We will gather all relevant documentation, calculate your damages, and present your case clearly and confidently, only if we believe you will win. If you have any questions or need assistance, consider consulting with us.
If you’re facing a debt or damage claim and need someone to fight for your rights, contact U-SUE today. Our team of experienced agents is ready to assist you in your pursuit of justice.
Call 403-264-1366 or submit a claims form below:
A: No, lawyers are not allowed to appear on your behalf in small claims court. However, you may seek legal advice and guidance outside of court.
A: Damages can include direct costs such as materials and labor, as well as indirect costs such as loss of income and damages to your reputation.
A: If the other party doesn’t respond to your claim, you may be able to obtain a default judgment in your favor.
A: Yes, you have the option to appeal a decision made in small claims court to the Court of Queen’s Bench.
A: No, mediation is a voluntary process, but it may be recommended as a way to resolve the dispute outside of court.
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If we feel that you have a winnable case, we will ask you to send us your evidence. This can be in the form of written documents such as promissory notes, purchase orders, invoices etc.; communication records such as text messages and emails; or photographs, video or audio recordings and witnesses.