What Is a Complaint?
A complaint is the document that formally starts a lawsuit. It is filed by the plaintiff and sets forth the facts, legal claims, and relief being requested from the court. Once a complaint is filed and properly served, the defendant is generally required to respond within a specified period of time.
A complaint typically identifies the parties involved, describes the events giving rise to the dispute, and states one or more legal causes of action. In a construction dispute, a complaint may include claims for breach of contract, defective workmanship, unpaid invoices, fraud, mechanic's lien foreclosure, violations of Ohio's Home Construction Service Suppliers Act (HCSSA), or violations of the Consumer Sales Practices Act (CSPA).
The filing of a complaint does not mean that the plaintiff has proven its claims. Rather, it is the beginning of the litigation process. The defendant has an opportunity to respond, assert defenses, file counterclaims, and challenge the allegations made in the complaint.
After the complaint and answer are filed, the parties typically proceed through discovery, which may include the exchange of documents, written questions, depositions, and other evidence. Many cases are resolved through settlement, while others proceed to motions practice, trial, or other forms of dispute resolution.
Because a complaint initiates a legal proceeding and can have significant consequences if not properly addressed, anyone who receives a complaint should carefully review the allegations and consider seeking legal advice as soon as possible.