Legal Question in Construction Law in Massachusetts

I am suing a builder for an incorrect install of our bathtub. The builder keeps blaming 3rd party/subcontractor (which was paid by me) even though it is clear from our contract that the builder was the one responsible for the item install. I filed small claim lawsuit; however, the builder who as a lawyer filed a writ of summons and motion for joiner (which was granted) against that 3rd party/our subcontractor. We have received the copies/notification of the summons for our subcontractor. Their hearing is scheduled 4 months prior to our small claim hearing. Can I file a motion with the small claims court to appear as a witness at the subcontractor's hearing since it is going to directly impact our case? Also, the hearing is scheduled when I will be out of the country. Can I also file the motion to reschedule that hearing since I am not named on this lawsuit, but would make sense that I need to appear as a witness since this lawsuit is a direct result of me filing a small claims against the builder? Thank you

Asked on 6/26/10, 11:33 am

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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Your motion makes no sense. Contact the Defendant.

Answered on 6/27/10, 12:40 pm

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