Disc 005 Form – Fill Out and Use This PDF

SHORT TITLE OF CASE:

FORM INTERROGATORIES - CONSTRUCTION LITIGATION

Asking Party:

Answering Party:

Set No.:

CASE NUMBER:

Section 1. Instructions to All Parties

(a)Interrogatories are written questions prepared by a party to an action and sent to another party in the action to be answered under oath in writing. The interrogatories in this form are approved for use in residential or commercial construction litigation cases, except as limited in section 2.

(b)For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections 2030.010 -2030.410 and cases construing those statutes.

(c)These form interrogatories do not change existing law relating to interrogatories nor do they affect an answering party's right to assert any privilege or make any objection, including but not limited to any objection recognized by statute or case law.

(d)These form interrogatories are not to be interpreted as requiring any information that would invade the attorney- client privilege or be protected under the doctrines of attorney work product or mediation confidentiality. Nor do these interrogatories require identification of any witnesses or documents protected under such privileges or doctrines or otherwise covered by Evidence Code section 1115 et seq. (regarding mediation) or Code of Civil Procedure section 2034.010 et seq. (regarding expert witnesses).

Section 2. Instructions to the Asking Party

(a)These interrogatories are designed for optional use by parties in construction litigation. An asking party who uses this form may not use other form interrogatories - such as Form Interrogatories–General (form DISC-001) or Form Interrogatories–Limited Civil Cases (Economic Litigation) (form DISC-004)) in the same action.

(b)These interrogatories are not intended to be used in

residential cases involving six or more single-family homes or housing units. In a case deemed complex under rule 3.400 et seq. of the California Rules of Court, these interrogatories must not be used until the asking party has obtained judicial approval on a showing of good cause.

(c)Check the box next to each interrogatory that you want the answering party to answer. Use care in choosing only those interrogatories that are applicable to the case.

(d)You may insert your own definition of construction claim or construction defect claim in section 4, but only where the action arises from a course of conduct or series of events occurring over a period of time.

(e)The interrogatories under 325.0, Defendant's Contentions, should not be used until the defendant/cross-defendant has had a reasonable opportunity to conduct an investigation or discovery of the other parties' damages.

(f)Additional non-form interrogatories may be attached.

Section 3. Instructions to the Answering Party

(a)An answer or other appropriate response must be given to each interrogatory checked by the asking party.

(b)Within 30 days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action that have appeared. See Code of Civil Procedure sections 2030.260 -2030.270 for details.

(c)Each answer must be as complete and straightforward as the information reasonably available to you permits, including the information possessed by your attorneys or agents. If an interrogatory cannot be answered completely, answer it to the extent possible.

(d)If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable

Form Approved for Optional Use Judicial Council of California DISC-005 [Rev. July 1, 2013]

FORM INTERROGATORIES – CONSTRUCTION LITIGATION

Code of Civil Procedure, §§ 2030.010 -2030.410, 2033.710 www.courts.ca.gov

and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party.

(e)Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer can be found.

If you have provided a document depository with documents from which answers to these interrogatories may be derived and to which the asking party has access, you may answer an interrogatory by identifying specific deposited documents (for example, by Bates stamp number) and the index associated with the specific produced documents.

(f)When an address and telephone number for the same person are requested in more than one interrogatory, you need furnish that information only in your response to the first interrogatory that asks for it.

(g)If you are asserting a privilege or making an objection to an interrogatory, you must specifically assert the privilege or state the objection in your written response.

(h)Your answers to these interrogatories must be verified, dated, and signed. You may wish to use the following form at the end of your answers:

I declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct.

(DATE)(SIGNATURE)

Section 4. Definitions

Words in boldface in these interrogatories are defined as follows:

(a)Address means a full street address, including any unit number, and the city, state, and zip code.

(b)Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development, as more fully set forth in Civil Code section 1350 and following.

(c)Builder means any person --including without limitation an owner, developer, or subdivider --who is or was involved in the construction, development, design, marketing, or sale of the subject property.

(d)Construction claim means any allegation (other than a construction defect claim) relating to residential, industrial, or commercial construction, including without limitation any allegations of fraud or deceit, that all or a part of the construction has been delayed, that more or less money is due, or that some legal or contractual obligation has been breached relating to the construction or sale of the subject property.

Construction claim means (asking party may insert a definition in the space below or on an attached sheet labeled “Sec. 4(d)–Definition of Construction Claim”):

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(e)Construction defect claim means an allegation that all or a part of some construction or design, including without limitation residential, industrial, or commercial construction, does not comply with the requirements of an applicable contract, design, plan, installation instruction, specification, statute, code, or standard or is otherwise defective or deficient, including any allegations of related property damage.

Construction defect claim means (asking party may insert a definition here or on an attached sheet labeled “Sec. 4(e)–Definition of Construction Defect Claim”):

(f)Construction manager means a licensed or unlicensed person who manages the construction as to the subject property on behalf of the builder or owner and who did not enter into a contract with a general contractor, subcontractor, or design professional.

(g)Contract means an oral, written, or implied agreement to provide equipment, supplies, materials, work, or services for construction as to the subject property, including without limitation change orders, work orders and purchase orders.

(h)Contractor as used herein means any licensed or unlicensed person who contracts with a builder or owner to perform construction as to the subject property or to enter into a contract with a subcontractor or design professional as to such construction.

(i)Design professional means any licensed or unlicensed person, including without limitation any soils engineers, geotechnical engineers, civil engineers, structural engineers, landscape or environmental engineers, HVAC engineers, and architects and landscape architects who has provided any design or design services, including plans, specifications, or calculations for construction, to the subject property.

(j)Document means a writing as defined in Evidence Code section 250 and includes the original or a copy of handwriting, typewriting, printing, photostats, photographs, magnetically and electronically stored information, and every other means of recording on any tangible medium and in any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations of them.

(m)Insurance policy means any contract of insurance, whether primary, pro rata, fronting, umbrella, excess, or otherwise, issued by any admitted or nonadmitted insurer, including without limitation any policy or covering agreement issued by any insurance company, risk retention group, captive group, or joint powers authority.

(n)Owner means any person who owns or owned legal or equitable title to the subject property.

(o)Person includes a natural person, firm, association, organization, general or limited or professional joint venture, partnership, business, trust, limited liability company, corporation, or public entity.

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(p)Pleading means the original or most recent amended version of any complaint, cross-complaint, or complaint in intervention, and answer to same.

(q)Product means any goods produced or manufactured by natural means or by hand or with tools, machinery, chemicals, or the like, and which is the subject of a construction defect claim in this action.

(r)Subcontractor means any licensed or unlicensed person who entered into a contract with a contractor for any of the construction on the subject property.

(s)Subject property means any real property that is the subject of the construction claim or construction defect claim made in this action.

(t)Supervising employee is an employee responsible for the supervision and direction of one or more employees involved in construction on the subject property.

Supervising employee also includes the Responsible Managing Officer and Responsible Managing Employee (as those terms are used in Business and Professions Code sections 7065, 7068, and 7068.1) for each builder, general contractor, and subcontractor involved in the subject property.

(u)Supplier means any person who enters into a contract to provide equipment, supplies, or materials for the construction as to the subject property.

(v)You (including the possessive your) and anyone acting on your behalf refers to you, your agents, your employees, your insurance carriers, your attorneys, your accountants, your investigators and their agents and employees, and anyone else acting on your behalf other than your nondisclosed expert consultants.

Section 5. Interrogatories

The following interrogatories have been approved by the Judicial Council under Code of Civil Procedure section 2033.710:

CONTENTS

301.0Identity of Persons Answering These Interrogatories

302.0General Background Information - Individual

303.0General Background Information - Business Entity

304.0Insurance

305.0Subject Property Damages 306.0–308.0 [reserved]

309.0Other Damages

310.0Other Claims and Previous Claims

311.0Investigation

312.0Statutory or Regulatory Violations

313.0Fraud, Misrepresentation or Breach of Fiduciary Duty

314.0Contracts

315.0 -319.0 [reserved]

320.0Individual Homeowner Claims

321.0Scope of Work (Contractors and Subcontractors)

322.0Design Professionals (Architects/Engineers)

323.0Manufacturers

324.0Denials and Special or Affirmative Defenses

325.0Defendant's Contentions

326.0Responses to Requests for Admissions

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301.0Identity of Persons Answering These Interrogatories

301.1 State the name, address, telephone number and relationship to you of each person who prepared, or assisted in the preparation of, the responses to these interrogatories. (Do not identify anyone who simply typed or reproduced the responses.)

302.0General Background Information - Individual

302.1 State:

(a)your name;

(b)every name you have used in the past; and

(c)the dates you used each name.

302.2 State the date and place of your birth.

302.3 State:

(a)your present residence address

(b)your residence addresses for the past 15 years;

(c)the dates you lived at each address; and

(d)your telephone number at your present address.

302.4 State:

(a)the name, address, and telephone number of your present employer or place of self-employment, and your current job title;

and

(b)the name, address, dates of employment or self- employment, and job title, for any employment or self- employment you have had from five years before the material facts on which the construction claim or the construction defect claim is based until today.

302.5 State:

(a)the name and address of each school or other academic or vocational institution you have attended, beginning with high school;

(b)the dates you attended;

(c)the highest grade level you completed; and

(d)the degrees received.

302.6 Have you ever been convicted of a felony? If so, for each conviction, state:

(a)the city and state where you were convicted;

(b)the date of conviction;

(c)the offense; and

(d)the court and case number.

302.7	Can you speak English with ease? If not, what
language and dialect do you normally use?
302.8	Can you read and write English with ease? If not,

what language and dialect do you normally use?

303.0General Background Information - Business Entity

303.1 Are you a corporation? If so, state:

(a) the name in your current articles of incorporation;

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(b)all other names used by the corporation during the past 15 years and the dates each name was used;

(c)the date and place of incorporation;

(d)the address of the principal place of incorporation;

(e)whether you are qualified to do business in California; and

(f)any other state in which you are qualified to do business.

303.2Are you a partnership? If so, state:

(a)the current name of the partnership;

(b)all other names used by the partnership during the past 15 years and the dates each name was used;

(c)whether you are a limited partnership and, if so, under the laws of what jurisdiction;

(d)the name and address of each general partner; and

(e)the address of the principal place of business.

303.3Are you a limited liability company? If so, state:

(a)the company name stated in your current articles of organization;

(b)all other names used by the company during the past 15 years and the date each was used;

(c)the date and place of filing of the articles of organization;

(d)the address of the principal place of business;

(e)whether you are qualified to do business in California; and

(f)any other state in which you are qualified to do business.

303.4Are you a joint venture? If so, state:

(a)the current name of your joint venture;

(b)all other names used by the joint venture during the past 15 years and the dates each name was used;

(c)the name and address of each joint venture; and

(d)the address of the principal place of business

303.5Are you an unincorporated association? If so,

state:

(a) the current name of your unincorporated association;

(b) all other names used by the unincorporated association during the past 15 years and the dates each name was used;

(c) the address of the principal place of business; and

(d) list the names, addresses, and phone numbers of all your board members for the past 10 years, in order of the date each took office.

303.6Have you done business under a fictitious name during the past 10 years? If so, for each fictitious name state:

(a) the fictitious business name;

(b) the dates each name was used;

(c) the state and county of each fictitious name filing; and

(d) the address of the principal place of business.

303.7During the time that you performed any work at or relating to the subject property, did you possess a valid California contractor's license or other professional license for the work being performed? If so, state

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(a)the type of license;

(b)the name, address, and telephone number of the holder of the license;

(c)the class or type of license;

(d)the license number;

(e)any lapse of the license while you performed any work at or relating to the subject property and the dates of those lapses;

(f)any suspension of the license while you performed any work at or relating to the subject property and the dates of those suspensions;

and

(g)any inactive status of the license while you performed any work at or relating to the subject property and the dates of the inactivity.

304.0 Insurance

304.1 At or since the time of the material facts on which the construction claim or the construction defect claim is based, was there in effect any insurance policy through which you are or may be entitled to coverage for losses or expenses that have been or may be incurred related to the construction claims or construction defect claims asserted against you, including but not limited to defense costs, indemnity for settlements or damages awarded against you, or loss and adjustment expenses? If so, for each policy state:

(a)the policy number or other unique number used by the issuer to identify the insurance policy, and the effective dates of coverage;

(b)the kind of insurance or coverage (including without limitation commercial general liability, professional liability, directors and officers, homeowners, property, course of construction, builder's risk, automobile, or public entity liability protection);

(c)the policy level and description of any underlying insurance or self insurance that must be exhausted prior to its application (for example, for umbrella or excess insurance, please state the amount of underlying insurance or self-insurance that must be exceeded before the policy applies);

(d)the name of any person who is or may become a party to this action who may qualify as an insured, an additional insured, or a protected or covered person;

(e)whether the insurance policy contains a blanket additional insured provision or other provision whereby the person insured (or person protected by the insurance policy) includes any person or entity for whom one Insured or protected person is obligated to provide additional insured coverage in some kind of contract or agreement;

(f)the aggregate and per-occurrence or per-claim limit of liability for each potentially applicable coverage contained in the insurance policy, including the limit the insurer claims is potentially applicable (if less than the limit stated in the policy declarations);

(g)the limit of any retained amount payable by any insured relative to a claim otherwise covered by the policy, whether by means of a deductible, self-insured retention, deductible indemnity agreement, or retrospective premium provision, and whether the payment of loss and adjustment or defense expense reduces such retention obligation;

(h)whether the insurance policy contains an exclusion

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barring coverage for damage known to any insured prior to the policy period or barring coverage for damage that first occurred prior to the coverage period;

(i)whether the indemnity limit of the insurance policy is diminished by the cost of defense;

(j)whether any controversy or coverage dispute exists between you and the insurer;

(k)whether the insurer issuing the insurance policy has issued a written reservation of rights;

and

(l) the name, address, and telephone number of the custodian of the policy.

(Instead of responding to items (a)–(i) above, you may attach a complete and accurate copy of each insurance policy responsive to this interrogatory. Even if you attach such copies, you must still give written answers to items

(j)–(l) for each policy.)

304.2 Are you self-insured under any statute for the damages, claims, or actions that have arisen out of the construction claim or the construction defect claim? If so, specify the statute.

304.3 Has any subcontractor who is or might be a party to this action named you as an additional insured on an insurance certificate or endorsement? If so, for each such subcontractor, state:

(a)its name, address, and telephone number;

(b)whether you or the insured have made any tender under that subcontractor's insurance policy;

(c)the response to your tender; and

(d)whether the contract between the subcontractor and you required the subcontractor to carry an insurance policy naming you as an additional insured.

305.0Subject Property Damages

305.1 Do you attribute any loss of or damage to subject property to the facts on which the construction claim or the construction defect claim is based? If so, for each subject property,

(a)identify the subject property;

(b)describe the nature and location of the loss or damage to the subject property;

(c)state when you became aware of the loss or damage;

(d)state the amount of damage you are claiming for each piece of subject property and how the amount was calculated.

305.2 Has the subject property been sold during the past 10 years? If so, state:

(a)the name, address, and telephone number of seller;

(b)the date of sale; and

(c)the sale price.

(This interrogatory does not apply to sales of individual units when the answering party is an association.)

305.3 Has a written estimate or evaluation been made for any item of loss or damage identified in your answer to 305.1? If so, for each estimate or evaluation state:

(a)the name, address, and telephone number of the person who prepared it and the date prepared;

(b)the name, address, and telephone number of each

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person who has a copy of it;

(c)the amount of damage stated; and

(d)the basis of the estimate or evaluation.

305.4State the exact manner in which title is held to each piece of subject property for which you are claiming damages in this litigation.

305.5For each piece of subject property, or improvements on subject property, in which you have an ownership interest, state:

(a)the date you received an ownership interest in the subject property or improvements;

(b)whether you are the original purchaser;

(c)the name of the person who transferred title in the subject property or improvements to you;

(d)the purchase price.

305.6Did you receive any written or oral disclosures, homeowner's manuals, written or oral warranties, or other representations at or about the time you purchased any subject property or improvements on the subject property? If so,

(a)identify all written disclosures, homeowner's manuals, or written warranties you received.

(b)state the name, address, and telephone number of the person who has each document containing such materials;

(c)describe any oral warranties or representations you were given;

(d)identify any person who made those oral warranties and when and where they were made.

305.7Did you prepare or provide any written or oral disclosures, homeowner manuals, written or oral warranties, or other representations at or about the time you sold or transferred any subject property or improvements on subject property? If so,

(a)identify any written disclosures, homeowner manuals, or written warranties;

(b)state the name, address, and telephone number of the person who has each version of each document containing such materials;

(c)describe any oral warranties or representations you provided;

(d)identify any person to whom you made those oral warranties and when and where the oral warranties were made.

305.8Have you made any improvements to any subject property in which you have any ownership interest? If so, state:

(a)each improvement you made, including without limitation painting, landscaping, pool or spa installation, light fixture changes, cabinet changes, floor covering replacement, or room additions;

(b)the date each such improvement was made; and

(c)the name, address, and telephone number of the person who performed the improvement.

305.9Have you performed maintenance - including without limitation roof repair, painting, and caulking - to any subject property in which you have an ownership interest? If so, state:

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(a)the nature of each act of maintenance;

(b)the date each act of maintenance was performed; and

(c)the name, address, and telephone number of the person who performed each act of maintenance.

305.10During the past two years, has the subject property been appraised? If so, for each appraisal state:

(a)the date of the appraisal;

(b)the name, address, and telephone number of the person who performed the appraisal;

and

(c)the appraised value given for the subject property.

305.11For each problem or defect you contend exists in any subject property owned by you, describe in detail:

(a)the nature of any problem or defect;

(b)the date you first became aware of such problem or defect;

(c)the actions taken by you, if any, in response to the problem or defect, including reporting it to any party in this litigation;

and

(d)the response, if any, by any party in this litigation to your report of the problem or defect.

305.12If you have repaired or attempted to repair any construction claim or construction defect claim you allege exists in any subject property owned by you, state:

(a)a description of the problem or defect repaired or attempted to be repaired;

(b)a description of the repair or attempted repair;

(c)the date of the repair or attempted repair;

(d)the cost of the repair or attempted repair; and

(e)the name, address, and telephone number of the person who performed the repair or attempted repair.

305.13Have you ever hired any person, including but not limited to a contractor, design professional, or engineer (but excluding those hired by your attorney), to inspect, prepare a bid regarding, or repair a condition that you contend in this litigation is a construction claim or construction defect claim? If so, for each, state

(a)the date of the inspection;

(b)the name, address, and telephone number of the person performing the inspection;

(c)the general nature of the problem or defect inspected; and

(d)the cost of the inspection.

305.14Have you ever made any insurance or warranty claims or claims to any person for the construction claim or construction defect claim alleged in this action? If so, state:

(a)the name, address, and phone number of the individual or entity to whom you made the claim;

(b)the approximate date of the claim; and

(c)the resolution of that claim.

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306.0[Reserved]

307.0[Reserved]

308.0[Reserved]

309.0Other Damages

309.1 Are there any other damages that you attribute to the construction claim or construction defect claim alleged in this action? If so, for each item of damage state:

(a)the nature;

(b)the date it occurred;

(c)the amount; and

(d)the name, address, and telephone number of each person whom you assert suffered damages.

309.2 Do any documents support the existence or amount of any item of damages claimed in interrogatory 309.1? If so, describe each document and state the name, address, and telephone number of the person who has each document.

310.0Other Claims and Previous Claims

310.1 In the past 10 years, have you filed any action (not counting this one) or made a written claim or demand for compensation for damages to the subject property? If so, for each action, claim, or demand state:

(a)the name, address, and telephone number of each person against whom the claim or demand was made or the action filed;

(b)the court, names of parties, and case number of each action filed;

(c)the name, address, and telephone number of any attorney representing you;

(d)a general description of the action, claim, or demand;

(e)whether the claim or action has been resolved or is still pending;

and

(f)if applicable, how it was resolved, including the amount of any judgment or settlement, description of repairs made or ordered, or any other resolution.

311.0Investigations—General

311.1 Do you or anyone acting on your behalf know of any photographs, films, videotapes, recordings, or electronically stored information depicting any place, object, event, or individual concerned in the construction claim or the construction defect claim? If so, for each type of media, state:

(a)the number of photographs, length of film or videotape, or megabytes of an electronic recording;

(b)the places, objects, or persons photographed, filmed, videotaped, or otherwise recorded;

(c)the date each photograph, film, videotape, or electronic recordings was taken or recorded;

(d)the name, address, and telephone number of each individual who took these photographs or recorded these films, videotapes, or electronic recordings; and

(e)the name, address, and telephone number of each person who has the original media or copies of these photographs, films, videotapes, or electronic recordings.

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311.2 Do you or anyone acting on your behalf know of any diagram, reproduction, or model of any place or thing concerning the construction claim or the construction defect claim? If so, for each item state:

(a)the type of item (such as blueprint, diagram, reproduction, model, etc.);

(b)its subject matter; and

(c)the name, address, and telephone number of each person who has the item.

311.3 Has any report been made by any person concerning the construction claim or the construction defect claim? If so, state:

(a)the name, title, and employer of the person who made the report;

(b)the date and type of report made;

(c)the name, address, and telephone number of the person for whom the report was made; and

(d)the name, address, and telephone number of each person who has an original or copy of the report.

311.4 Have you or anyone acting on your behalf (except for consultants retained by counsel or expert trial witnesses) inspected the subject property on which the construction claim or the construction defect claim is based? If so, for each inspection state:

(a)the name, address, and telephone number of the individual making the inspection;

and

(b)the date of the inspection.

312.0Statutory or Regulatory Violations

312.1 Do you or anyone acting on your behalf contend that any person involved in the occurrence of the material facts on which the construction claim or construction defect claim is based violated any statute, ordinance, or regulation, and that such violation was a legal (proximate) cause of the construction claim or construction defect claim? If so, for each contention, identify the name, address, and telephone number of each person involved, and the statute, ordinance, or regulation violated.

313.0Fraud, Misrepresentation, or Breach of Fiduciary Duty

313.1 Describe each construction claim or construction defect claim at the subject property that you contend someone else knew about but did not disclose to you at the time of the purchase, development, design, construction, or provision of service or supplies to the subject property. For each claim:

(a)state all facts on which you base your response;

(b)state the names, addresses, and telephone numbers of all persons who have knowledge of those facts; and

(c)identify all documents and other tangible things that support your response and state the name, address, and telephone number of the person who has each document or thing.

313.2. Describe each specific concealment and

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misrepresentation that you claim was concealed from or made to you in connection with the purchase, development, design, construction, or provision of services or supplies to the subject property. For each one:

(a)state all facts on which you base your response, including when, how, and by whom any concealment occurred and any misrepresentation was communicated to you ;

(b)state the names, addresses, and telephone numbers of all persons who have knowledge of these facts; and

(c)identify all documents and other tangible things that support your response and state the name, address, and telephone number of any person who has each document or thing.

314.0Contracts

314.1 For each agreement alleged in the pleadings:

(a)identify each document that is part of the agreement and state the name, address, and telephone number of the person who has each document;

(b)describe each part of the agreement not in writing, along with the name, address, and telephone number of each person agreeing to that provision, and the date that part of the agreement was made;

(c)identify all documents that evidence any part of the agreement not in writing, and for each, state the name, address, and telephone number of each person who has the document;

(d)identify all documents that are part of any modification to the agreement and for each, state the name, address, and telephone number of each person who has the document;

(e)describe each modification to the agreement not in writing, along with the date the modification was made and the name, address, and telephone number of each person agreeing to the modification;

(f)identify all documents that evidence any modification of the agreement not in writing and for each state the name, address, and telephone number of the person who has each document;

and

(g)state the name, address, and telephone number of the person most knowledgeable regarding the negotiations and contracting for any services you performed at any subject property.

314.2 Was there a breach of any agreement alleged in the pleadings? If so, describe every act or omission that you allege to be a breach of the agreement and give the date of each.

314.3 Was performance excused for any agreement alleged in the pleadings? If so, identify each agreement and state why performance was excused.

314.4 Was any agreement alleged in the pleadings terminated by mutual agreement, release, accord and satisfaction, or novation? If so, identify each agreement terminated, the date of the termination, and the basis of the termination.

314.5 Is any agreement alleged in the pleadings unenforceable? If so, identify each unenforceable

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agreement and state why it is unenforceable.

314.6 Is any agreement alleged in the pleadings ambiguous? If so, identify each ambiguous agreement and state why it is ambiguous.

314.7 Did you contract out any of the work you were to perform on the subject property to another person or entity? If so,

(a)state the name, address, and phone number of the person with whom you entered the contract;

(b)state if the contract was oral or in writing; and

(c)describe the terms of the contract.

315.0[Reserved]

316.0[Reserved]

317.0[Reserved]

318.0[Reserved]

319.0[Reserved]

320.0Individual Homeowner Claims

(A Homeowners Association or Common Interest Development need not respond to this section.)

320.2 Is the subject property your primary residence? If not, describe how often you reside and when you last resided at the subject property.

320.3 Have you ever rented or leased the subject property to another person? If so, state:

(a)the names, addresses, and last known telephone number of all persons who rented or leased the subject property;

(b)the names, addresses, and last known telephone number of all persons who occupied the property under each rental or lease agreement;

and

(c)the beginning and ending dates of each rental or lease agreement.

321.0Scope of Work (Contractors and Subcontractors)

321.1 State the name, address, telephone number, job title, and job duties of each of your current or former supervising employees who were involved in the construction or supervision of construction of any improvements to the subject property.

321.2 Describe the scope of work that you performed and any materials that you supplied at the subject property.

321.3 Describe all locations on the subject property where you performed work or services (by phase number, unit number, building number or address, or common area description).

321.4 State all dates, including first and last, that you:

(a)performed work or supervision for or at the subject property; or

(b)supplied materials for the subject property.

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321.5For all contracts identified in your response to Interrogatory 314.1, including all agreements, change orders, or additional work orders related to such contracts, do you contend that any contractor or subcontractor other than you performed any portion of work or supplied any portion of materials that you contracted to deliver? If so,

(a) identify the terms of the contract under which work was performed;

and

(b)identify the terms of the contract under which materials were supplied.

321.6For all contracts identified in your response to Interrogatory 314.1, including all agreements, change orders, or additional work orders related to such contracts, do you contend that you performed any work or provided any material on the subject property that is not listed in the written contract? If so:

(a)identify the work performed; and

(b)identify the materials provided.

321.7Did you issue any warranty for work performed or materials supplied on the subject property? If so, state:

(a)what the warranty covered; and

(b)the dates it was in effect.

321.8Did you perform any work or supply any materials–under warranty or otherwise–at the subject property after the certificate of completion on that subject property was issued? If so, state:

(a)what work was performed, the dates the work was performed, and the address;

and

(b)what materials were supplied, the dates they were supplied, and the delivery address.

321.9Were you provided with a copy of any plans, reports, or specifications for the project before performing the work? If so,

(a)identify all plans, reports, or specifications;

(b)state the date when each plan, report, or specification was provided to you;

and

(c)state the names, addresses, and telephone numbers of all persons who provided you with each plan, report or specification.

321.10Before performing your work at the project, did you communicate any objections to or requests for changes or modifications to any portion of those plans, reports, or specifications you listed above in 321.9t? If so,

(a)identify each plan, report, or specification that was the subject of the objection or request for change or modification;

(b)state the names, addresses, and telephone numbers of all persons to whom you communicated your objections or requests for changes or modifications; and

(c)describe the result, if any, of each of your objections or requests for changes or modifications.

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321.11 Did you rely on any documents or oral instructions other than those listed in your responses to interrogatories 321.5 or 321.9 to complete your work at the project? If so,

(a)identify all documents and other tangible things that you relied on, and state the name, address, and telephone number of the person who has each document or thing; and

(b)state each oral instruction you were given and the name, address, and telephone number of the person who gave you the oral instruction;

and

(c)state the date when you were provided the documents or instruction.

321.12 Did you communicate any criticisms (including but not limited to sequencing problems) to any developer, design professional, contractor, subcontractor, or supplier on the project during construction? If so,

(a)state all criticisms and the dates they arose;

(b)state the name, address, telephone number, and job title of every person to whom you communicated your criticism;

and

(c)describe any resolutions of issues you raised.

321.13 During the time that you performed any work at the subject property, did you contract to have any unlicensed subcontractor or design professional perform work at the subject property? If so,

(a)identify each such person or entity by name, address, and telephone number; and

(b)describe the type of work you had each such person perform.

322.0Design Professionals (Architects/Engineers)

322.1 Did you or any of your employees design any portion of the subject property or project in this litigation? If so, state:

(a)who retained you to perform the design work;

(b)the dates of your retention or contract;

(c)the portion of the subject property or project you designed;

(d)which Building Code provisions applied to your design for the subject property or project;

(e)the design parameters you relied on in your design work for the subject property or project;

(f)who approved your design for the subject property or project;

(g)the date of each approval of your design work for the subject property or project;

and

(h)the names of all supervising employees, past or present, who participated in the design of the subject property or project.

322.2 Did you revise or amend your design for the subject property after the earliest date of approval identified above in 322.1(g)? If so, state:

(a)the dates of all revisions or amendments to your original design;

(b)the substance or description of all revisions or amendments to your original design;

(c)the reason you revised or amended your original

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design;

(d)the name and job title of any person who approved any revisions or amendments to your original design; and

(e)the dates of approval of any revisions or amendments to your original design.

322.3 Did you perform any on-site services at the subject property? If so, state:

(a)the dates on which you visited the subject property to perform services;

(b)the services you performed on each date; and

(c)the portions of construction you observed while on site.

322.4 Did you observe any deviation from the intended design at the subject property? If so, state;

(a)the nature of the deviation and date you observed it;

(b)whether you reported any deviation from the intended design;

(c)when and to whom you reported such deviation; and

(d)whether any corrective actions were taken with respect to any observed deviation.

323.0Manufacturers

323.1 For each product that you supplied or manufactured, name the product or series, prior or later versions of it, and describe what changes (design or otherwise) have been made to it over its lifespan.

323.2 For each product identified in response to the preceding interrogatory, state:

(a)who designed the product;

(b)how it was tested or certified;

(c)what standards applied to its manufacture;

(d)any test reports or certifications of the product, by date;

and

(e)the name, address, and telephone number of the facility where the product was manufactured.

323.3 For each product identified above, state:

(a)the quality control systems in place at each manufacturing site listed in your response to 323.2(e);

(b)the date when the quality control system was established;

(c)the criteria used for the quality control system; and

(d)the names, addresses, and job titles of all persons who have been in charge of the quality control system over the last 10 years.

323.4 How and where was each product identified above stored until shipped?

323.5 How was each product identified above shipped? For each, state:

(a)the method of shipment;

(b)where it was shipped; and

(c)who accepted delivery of it and when.

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323.6 Do you have a customer service department? If so:

(a)state the name, address, telephone number, and job title of the person in charge; and

(b)describe any complaints received concerning any product identified above and how they were handled.

323.7 Is there or has there ever been a warranty for any product identified above? If so, what are the terms of the warranty?

323.8 Who was in charge of the sales of the product for this project? State the person's name, address, telephone number and job title.

323.9 Are there any brochures, advertisements, or sales materials for any product identified above?

323.10 Are there any installation instructions or

manufacturer recommendations for any product identified above? If so, state:

(a)the name, address, telephone number, and job title of the person who wrote them;

(b)all changes or modifications to them, and the dates the changes or modifications were made;

and

(c)the name, address, telephone number, and job title of the person to whom the changes or modifications were provided.

324.0Denials and Special or Affirmative Defenses

324.1 Identify each denial of a material allegation and each special or affirmative defense in your pleadings, and for each:

(a)state all facts on which you base the denial or special or affirmative defense;

(b)state the names, addresses, and telephone numbers of all persons who have knowledge of those facts; and

(c)identify all documents and other tangible things that support your denial or special or affirmative defense, and state the name, address, and telephone number of the person who has each document.

325.0Defendant's Contentions

325.1 Do you contend that any person, other than you or the plaintiff, contributed to the existence of the construction claim or construction defect claim or the damages claimed by the plaintiff? If so:

(a)state the name, address, and telephone number of each person who contributed;

(b)state all facts on which you base your contention;

(c)state the names, addresses, and telephone numbers of all persons who have knowledge of the facts; and

(d)identify all documents and other tangible things that

Date:

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support your contention and state the name, address, and telephone number of the person who has each document or thing.

325.2 Do you contend that plaintiff did not incur damages arising from the facts on which the construction claim or the construction defect claim is based? If so:

(a)state all facts on which you base your contention;

(b)state the names, addresses, and telephone numbers

of all persons who have knowledge of the facts; and

(c)identify all documents and other tangible things that support your contention and state the name, address, and telephone number of the person who has each document or thing.

325.3 Do you contend that any of the property damage claimed by plaintiff thus far in this case was not caused by the construction claim or construction defect claim? If so:

(a)identify each item of property damage;

(b)state all facts on which you base your contention;

(c)state the names, addresses, and telephone numbers

of all persons who have knowledge of the facts; and

(d)identify all documents and other tangible things that support your contention and state the name, address, and telephone number of the person who has each document or thing.

325.4 Do you contend that any of the costs claimed by plaintiff thus far in this case for repairing the property damage are unreasonable? If so:

(a)identify each cost item;

(b)state all facts on which you base your contention;

(c)state the names, addresses, and telephone numbers of all persons who have knowledge of the facts; and

(d)identify all documents and other tangible things that support your contention and state the name, address, and telephone number of the person who has each document or thing.

326.0Responses to Request for Admissions

326.1 Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission:

(a)state the number of the request;

(b)state all facts on which you base your response;

(c)state the names, addresses, and telephone numbers of all persons who have knowledge of those facts; and

(d)identify all documents and other tangible things that support your response, and state the name, address, and telephone number of the person who has each document or thing.

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