What Are Counterclaims?
A counterclaim is a claim brought by a defendant against the plaintiff in the same lawsuit. Rather than simply defending against the allegations in the complaint, the defendant may assert that the plaintiff also caused harm and should be held legally responsible.
Counterclaims are commonly asserted in construction disputes. For example, a homeowner who is sued for nonpayment may file counterclaims alleging defective workmanship, project delays, breach of contract, or violations of Ohio's Home Construction Service Suppliers Act (HCSSA) or the Consumer Sales Practices Act (CSPA). Likewise, a contractor sued by a homeowner may assert counterclaims for unpaid invoices, breach of contract, or other damages arising from the project.
Counterclaims allow the court to resolve related disputes between the parties in a single case rather than requiring multiple lawsuits. This can promote efficiency and reduce the costs associated with separate litigation.
Some counterclaims are considered compulsory, meaning they arise out of the same transaction or occurrence that is the subject of the plaintiff's claims and generally must be asserted in the existing lawsuit. Other counterclaims are permissive and may be brought separately. See Ohio Civil Rule 13.
Because counterclaims can significantly affect the outcome and value of a case, defendants should carefully evaluate whether they have claims of their own when responding to a lawsuit. In some cases, a well-supported counterclaim may provide leverage for settlement or result in an independent recovery.