August 2024 CT

CIVIL LITIGATION... from page 28.

pletion.” This is a hard deadline for the benefit of developers, contractors, and designers of construction projects. Once the ten years is up, that’s it; no more claim. Making matters worse, the time of substantial completion can be different for one community depending on various factors. Once a plaintiff files a complaint, they must “serve” the defendant. That means, in an ideal setting, the defen dant is literally handed the legal doc uments by a person called a process server at their place of residence or business. Once the defendant is served, they will have thirty-five days to take one of two actions: (1) file an answer or (2) file a motion to dismiss the complaint for specific reasons per mitted under the court rules. An answer is the complaint’s coun terpart and as the name suggests, responds to the various allegations and claims in the complaint and sets forth defenses, which are reasons the defendant believes they’re not liable. A defendant can also allege their own claims against the plain tiff in the answer, which are called “counterclaims.” Counterclaims are those claims asserted by a defendant against a plaintiff. These types of claims are often confused with “cross-claims,” which are claims asserted between multiple defendants. For instance, a communi ty association files a complaint against a contractor for damage caused by negligent work. The association is the plaintiff, and the contractor is the defendant. In answering the associa

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We canvas the marketplace to find the insurance company that fits YOU best .

Felsen Insurance Services, Inc. 3155 Route 10 Suite 103 Denville, NJ 07834

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AUGUST 2024