St. Mary’s Polish Parish in Cape Breton is being sued by the contractor who was working on the church’s roof the day it burned down.

The lawsuit, filed by Halifax-based Linear Roofing Ltd., is claiming non-payment for the day the century-old church burned to the ground in November.

“The legal action makes a claim for the final instalment of the roofing contract,” said parish council president Tom Urbaniak.

The lawyer for the roofing company says it is owed more than $30,000 for the unpaid account, and the fire was not the fault of the company.

“Despite what happened to the church, we felt bad for them, we really did. And we reached out in friendship and solidarity,” Urbaniak said.

Now the parish is preparing a statement of defense.

“Through and with the Diocese of Antigonish, counsel has been engaged to enter a full answer in defense,” said lawyer Gary Corsano.

The parish is also launching a counter-suit.

“Legal counsel for our insurance company will be making a counter-claim for negligence directly resulting in the destruction of the church,” said Urbaniak.

The parish council says no matter what happens in court, efforts to rebuild the church will go ahead as planned.

With files from CTV Atlantic’s Ryan MacDonald