The Superior Court of the State of California, County of Los Angeles drafted the following Manual on Multi-Party Construction Defect Litigation.
Preface: Multi-party construction defect litigation is litigation
commenced by an owner or a group of owners of real property, arising out of alleged
defects in improvements constructed upon the property. The number of factual issues and
the number of parties frequently involved in such cases pose special case management
problems for judges who are assigned to manage them. The purpose of this manual is to
assist judges who are called upon to handle such litigation to move it toward resolution
in an efficient, expeditious and fair manner.
Step 1: Identify the case as a complex
construction defect case.
Step 2: Resolve the issues regarding
conditions precedent to suit.
Step 3: Conduct a status conference or
case management hearing.
Step 4: Initiate effective case management
as soon as possible.
Step 5: Get the parties before the court.
Step 6: Require a complete and final
list of defects.
Step 7: Eliminate unnecessary pleadings.
Step 8: Manage discovery.
Step 9: Encourage alternate dispute resolution.
Bibliography:
- Miller, Thomas E., California Construction Defect Litigation, (Wiley
Publications, 1993, 2nd ed.).
- Sproul & Rosenberg, Advising California Condominium and
Homeowners' Associations, p. 493 et seq. (Continuing Education of the Bar, 1991)
- Cecil & Willging, "Court-Experts," Federal Judicial
Center, Reference Manual on Scientific Evidence, p. 225 (West Publishing Company,
1994).
© Copyright 2008 The Miller Law Firm. All rights Reserved.
If you experience problems or have questions, contact us at Info@ConstructionDefects.com.
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