and good faith effort to get the information by asking
other persons or organizations, unless the information is
equally available to the asking party.
(e) Whenever an interrogatory may be answered by referring
to a document, the document may be attached as an
exhibit to the response and referred to in the response. If
the document has more than one page, refer to the page
and section where the answer can be found.
If you have provided a document depository with
documents from which answers to these interrogatories
may be derived and to which the asking party has access,
you may answer an interrogatory by identifying specific
deposited documents (for example, by Bates stamp
number) and the index associated with the specific
produced documents.
(f) When an address and telephone number for the same
person are requested in more than one interrogatory, you
need furnish that information only in your response to the
first interrogatory that asks for it.
(g) If you are asserting a privilege or making an objection to
an interrogatory, you must specifically assert the privilege
or state the objection in your written response.
(h) Your answers to these interrogatories must be verified,
dated, and signed. You may wish to use the following
form at the end of your answers:
I declare under penalty of perjury under the laws of the State of
California that the foregoing answers are true and correct.
(DATE)
(SIGNATURE)
Section 4. Definitions
Words in boldface in these interrogatories are defined as
follows:
(a) Address means a full street address, including any unit
number, and the city, state, and zip code.
(b) Association means a nonprofit corporation or
unincorporated association created for the purpose of
managing a common interest development, as more fully
set forth in Civil Code section 1350 and following.
(c) Builder means any person --including without limitation
an owner, developer, or subdivider --who is or was
involved in the construction, development, design,
marketing, or sale of the subject property.
(d) Construction claim means any allegation (other than a
construction defect claim) relating to residential,
industrial, or commercial construction, including without
limitation any allegations of fraud or deceit, that all or a
part of the construction has been delayed, that more or
less money is due, or that some legal or contractual
obligation has been breached relating to the construction
or sale of the subject property.
Construction claim means (asking party may insert a
definition in the space below or on an attached sheet
labeled “Sec. 4(d)–Definition of Construction Claim”):
(e) Construction defect claim means an allegation that all or
a part of some construction or design, including without
limitation residential, industrial, or commercial construction,
does not comply with the requirements of an applicable
contract, design, plan, installation instruction, specification,
statute, code, or standard or is otherwise defective or
deficient, including any allegations of related property
damage.
Construction defect claim means (asking party may
insert a definition here or on an attached sheet labeled
“Sec. 4(e)–Definition of Construction Defect Claim”):
(f) Construction manager means a licensed or unlicensed
person who manages the construction as to the subject
property on behalf of the builder or owner and who did
not enter into a contract with a general contractor,
subcontractor, or design professional.
(g) Contract means an oral, written, or implied agreement to
provide equipment, supplies, materials, work, or services
for construction as to the subject property, including
without limitation change orders, work orders and purchase
orders.
(h) Contractor as used herein means any licensed or
unlicensed person who contracts with a builder or owner
to perform construction as to the subject property or to
enter into a contract with a subcontractor or design
professional as to such construction.
(i) Design professional means any licensed or unlicensed
person, including without limitation any soils engineers,
geotechnical engineers, civil engineers, structural
engineers, landscape or environmental engineers, HVAC
engineers, and architects and landscape architects who
has provided any design or design services, including
plans, specifications, or calculations for construction, to the
subject property.
(j) Document means a writing as defined in Evidence Code
section 250 and includes the original or a copy of
handwriting, typewriting, printing, photostats, photographs,
magnetically and electronically stored information, and
every other means of recording on any tangible medium
and in any form of communication or representation,
including letters, words, pictures, sounds, or symbols, or
combinations of them.
(m)
Insurance policy means any contract of insurance,
whether primary, pro rata, fronting, umbrella, excess, or
otherwise, issued by any admitted or nonadmitted insurer,
including without limitation any policy or covering
agreement issued by any insurance company, risk
retention group, captive group, or joint powers authority.
(n) Owner means any person who owns or owned legal or
equitable title to the subject property.
(o) Person includes a natural person, firm, association,
organization, general or limited or professional joint
venture, partnership, business, trust, limited liability
company, corporation, or public entity.
DISC-005
DISC-005 [Rev. July 1, 2013]
FORM INTERROGATORIES – CONSTRUCTION LITIGATION
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