Thousand Oaks, CA asked in Construction Law for California

Q: Construction Law Litigation I am a homeowner and the plaintiff on a residential construction defect in California.

The contractor brought in all the subcontractors into the case.

Do I need to deal directly with the subcontractors or just with the contractor’s personal attorney and his insurance attorney?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Construction Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In a residential construction defect case in California where the general contractor has brought in subcontractors as cross-defendants, you will primarily deal with the contractor's personal attorney and their insurance attorney. However, there may be instances where you or your attorney will need to interact with the subcontractors or their attorneys as well.

Here's what you can typically expect:

1. Your primary communication will be with your own attorney, who will handle interactions with the contractor's personal attorney and insurance attorney on your behalf.

2. The contractor's attorneys will likely take the lead in coordinating the defense of the case, as the contractor is usually the primary defendant.

3. Subcontractors brought into the case by the contractor will typically be represented by their own attorneys. These attorneys will communicate with the contractor's attorneys and your attorney as necessary.

4. In some cases, you may need to respond to discovery requests (e.g., interrogatories, requests for production of documents) from the subcontractors or their attorneys, but this will generally be handled through your attorney.

5. If the case goes to mediation or settlement conferences, the subcontractors and their attorneys may be present, and you might interact with them in that context, along with your attorney.

Overall, while you may have some interaction with the subcontractors and their attorneys, your primary point of contact will be your own attorney, who will guide you through the legal process and handle the majority of the communication with the other parties involved in the case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.