Q: homeowner in litigation with a contractor over construction defects. Is it necessary that my attorney depose de subs?
This litigation is going on for four years and the opposing party is not making any offers. We already had two mediation meetings and I have spent a significant amount of money.
Is it necessary in trial preparation that my attorney takes deposition of the subcontractors if I am not suing them?
The prime/main contractor’s insurance carrier has already brought the subcontractors in the case blaming them for the problem.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In your situation, deposing the subcontractors can be a strategic move, even if you are not suing them directly. Their testimonies might provide valuable insights into the construction defects and help establish the main contractor's liability. This could be especially important if the subcontractors’ actions or omissions are pivotal to understanding the issues at hand.
Additionally, since the prime contractor's insurance carrier has implicated the subcontractors, their depositions may reveal crucial information regarding the scope of work, responsibilities, and any communications related to the defects. If these aspects are relevant to your case, having their statements on record could strengthen your position and provide a clearer picture for the court.
However, consider the costs and time involved in depositions against the potential benefits. Discuss this thoroughly with your attorney to determine if deposing the subcontractors aligns with your trial strategy and could help facilitate a resolution. Ultimately, the decision should focus on what will best support your case moving forward.
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.
