CASE MANAGEMENT ORDERS/PRETRIAL ORDERS

Defect claims bring in a lot of different parties.  A roof leak may appear simple at first glance, however, that roof leak may involve architects, construction managers, framing and roofing contractors, and the general contractor who provided supervisory control.  How to control all of the parties involved in a defect claim is always an issue.  A tool, which has been honed over the years by experienced counsel, mediators, and judges, is the Case Management Order (CMO), sometimes referred to as a Pre-Trial Order (PTO).   Remember, also, that the opposing party will not settle without something to push them to settle, like a CMO, which should cover as many pre-trial considerations as possible:

  • Appointment of a special master.
  • Procedures for hearings before the special master.
  • Authority of the special master.
  • Compensation of the special master.
  • Confidentiality of discovery and mediation proceedings.
  • Procedures for naming additional parties.
  • The continuing applicability of state codes and rules, except as modified by the CMO.
  • Cross-complaint procedures.
  • Amendment of pleadings.
  • Certificates of Merit.
  • Notice of Appearance.
  • Consequences of default.
  • Stay of discovery except as provided in the CMO.
  • Establishment of document depository.
  • Uniform interrogatories.
  • Exchange of insurance information.
  • Statement of work done by all builders, subcontractors, and design professionals.
  • Preliminary defects list.
  • Site inspections and invasive testing.
  • Plaintiff's required presentations following invasive testing.
  • Repairs following testing.
  • Final defect list.
  • Cost of repair estimates.
  • Settlement demands.
  • Mediations.
  • Expert discovery.
  • Repairs during proceedings.
  • Pre-trial conference.