Legal Definitions - reconvention

Reconvention refers to a legal action taken by a defendant in a civil lawsuit, where they bring their own claim against the original plaintiff within the same ongoing case. Essentially, it is the process of filing a counterclaim.

Here are some examples to illustrate reconvention:

• Example 1: Business Contract Dispute

  Imagine a software development company, "Tech Solutions Inc.," sues a client, "Global Enterprises," for unpaid invoices totaling $50,000 for a completed project. Global Enterprises believes the software delivered was faulty and caused significant operational losses. Instead of just defending against Tech Solutions' claim, Global Enterprises files a reconvention, asserting its own claim against Tech Solutions for breach of contract and seeking $100,000 in damages due to the defective software.

  This illustrates reconvention because Global Enterprises, as the defendant, is not merely defending itself but is actively initiating its own legal claim against the original plaintiff, Tech Solutions Inc., within the same lawsuit.

• Example 2: Property Damage Claim

  A homeowner, Mr. Henderson, sues his neighbor, Ms. Davies, claiming that Ms. Davies' overgrown tree roots damaged his underground irrigation system. Ms. Davies, however, believes that Mr. Henderson's frequent and excessive watering of his lawn caused the soil to become waterlogged, leading to the tree roots expanding unnaturally and also causing a minor structural crack in her own garage foundation. Ms. Davies files a reconvention, seeking compensation for the damage to her garage and the cost of an arborist to assess the tree's health.

  Here, Ms. Davies, the defendant, uses reconvention to introduce her own distinct claim against Mr. Henderson, the original plaintiff, directly related to the same property dispute, rather than filing a separate lawsuit.

• Example 3: Construction Project Dispute

  A homeowner, Ms. Chen, sues "BuildRight Contractors" for delays in completing her kitchen renovation project and for using substandard materials. BuildRight Contractors acknowledges some delays but argues they were primarily caused by Ms. Chen's frequent design changes and delays in approving material selections. BuildRight Contractors files a reconvention, seeking payment for the additional costs incurred due to these client-requested changes and extensions, which they claim were outside the scope of the original contract.

  This scenario demonstrates reconvention as BuildRight Contractors, the defendant, is not just defending against Ms. Chen's claims but is also asserting its own financial claim against Ms. Chen, the plaintiff, for expenses arising from the same construction project.