Legal Question in Construction Law in California

Re: interrogatories?

I strongly suggest that you seek out a construction attorney to help in this matter. In any event a free initial consultation with an attorney should be useful to you. Please check my profile and contact me should you need representation. I have the legal background and over 15 years of construction practical background.

In response to your question, you should answer the interrogatories, unless you have a valid legal objection or the material is privileged under law. All of the items you indicate are not privileged and sound as if they are responses to a standard "form interrogatory". Again I strongly suggest you answer with your attorney so that you only answer what is necessary.

As Mr. Starrett correctly points out the standard for discovery is very broad and an attorney is entitled to ask anything which is reasonably calculated to lead to admissible evidence.

I suggest that you not disobey or ignore the requests because then the opposing attorney will probably bring a motion to compel your response and when he is successful he will be entitled for attorney fees and costs for that motion. In addition if you fail to respond to the request you may be found in contempt and have to pay a civil penalty and attorney fees and costs.

Thank you for your question and please contact me for representation if you decide to speak with someone concerning your case. Our offices serve all of California.

Re: interrogatories?

Interrogatories ARE court ordered, whether you understand that or not. Failure to respond will result in sanctions. Sounds like you need legal representation, to answer such questions, and keep you from having a large judgment against you. Feel free to contact me if you decide to do this right.

Re: interrogatories?

Are you seriously attempting to defend this case without an attorney? That is highly unadvisable. Regarding the interrogatories, it appears that the questions are form "rogs." Would you know how to make appropriate objections if they were objectionable? Do yourself a favor and get representation. Unfortunately as you obviously had answered the complaint you have given up your right to cross-complain and sue the contractor for the difference in what it is going to cost you to complete the job. 19 years experience. Contact me directly.

Re: interrogatories?

Yes, you do have to answer the questions but you should speak to an attorney first. Answering discovery (and litigating in general) without an attorney is exremely risky. You should DEFINITELY meet with an attorney and pay him to review your file. If all you say is true, it is possible that you can not only defend the case, obtain a judgment against the contractor. If you had a written contract with the contractor, it likely provides that the prevailing party will be entitled to collect attorney's fees. If he prevails (which is likely if you don't retain counsel), his judgment will probably be increased by tens of thousands of dollars to cover the attorney's fees.

Feel free to contact me to discuss. In any event, MEET WITH A LAWYER.

Re: interrogatories?

Yes, you do have to provide this information. The standard of discovery in California is that the other party can seek any information that is reasonably calculated to lead to the discovery of admissible evidence. It is a very broad standard and it does seem like it allows an opposing party to go on a fishing expedition.

What you describe sounds like form interrogatories. Nearly all of the questions on that form have been deemed relevant for the purposes of discovery. Failure to answer the questions could result in a motion to compel and monetary sanctions against you and/or some other type of penalty.

Re: interrogatories?

I mean this in the best possible way; you would be foolish to not get an attorney experienced in construction litigation to work on this. There probably are some very good arguments to not answer, but you risk contempt of court if you don't give the right ones. Our CA attorney can help you.