What Are Third-Party Claims?

A third-party claim is a claim brought by a defendant against a person or company that is not already a party to the lawsuit. The purpose of a third-party claim is to bring into the case another party who may be responsible for some or all of the damages being claimed.

Third-party claims frequently arise in construction disputes because multiple contractors, subcontractors, suppliers, design professionals, and other parties may have been involved in the project. A defendant who is sued may contend that another party—not the defendant—is actually responsible for the alleged problem.

For example, if a homeowner sues a general contractor for defective construction, the general contractor may file a third-party claim against a subcontractor whose work allegedly caused the defect. Similarly, a contractor sued for property damage may seek contribution, indemnification, or other relief from another party that contributed to the loss.

Ohio's rules governing third-party practice are found in Ohio Civil Rule 14. Generally, a third-party claim is appropriate when the third-party defendant may be liable to the defendant for all or part of the plaintiff's claim.

Third-party claims can add complexity to a lawsuit, but they often allow the court to resolve related disputes in a single proceeding. In construction litigation, third-party practice is commonly used to allocate responsibility among the various parties involved in a project and ensure that all potentially responsible parties are before the court.