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?
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.
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