ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

DISC-005 
 

TELEPHONE NO.:

E-MAIL ADDRESS:

ATTORNEY FOR (Name):

SHORT TITLE OF CASE:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

FAX NO. :

Asking Party:

Answering Party: 

 Set No.:

FORM INTERROGATORIES - CONSTRUCTION LITIGATION

CASE NUMBER:

These interrogatories are not intended for use in residential cases involving six or more single-family homes or housing 
units. In cases that have been deemed complex under rule 3.400 et seq. of the California Rules of Court, these 
interrogatories must not be used until the asking party has obtained the court's approval on a showing of good cause.

Section 1. Instructions to All Parties

(a)  Interrogatories are written questions prepared by a party  
to an action and sent to another party in the action to be 
answered under oath in writing. The interrogatories in this 
form are approved for use in residential or commercial 
construction litigation cases, except as limited in section 2.

(b) For time limitations, requirements for service on other 
parties, and other details, see Code of Civil Procedure 
sections 2030.010 -2030.410 and cases construing those 
statutes. 

(c) These form interrogatories do not change existing law 

relating to interrogatories nor do they affect an answering 
party's right to assert any privilege or make any objection, 
including but not limited to any objection recognized by 
statute or case law.

(d)  These form interrogatories are not to be interpreted as 

requiring any information that would invade the attorney-
client privilege or be protected under the doctrines of 
attorney work product or mediation confidentiality. Nor do 
these interrogatories require identification of any 
witnesses or documents protected under such privileges 
or doctrines or otherwise covered by Evidence Code 
section 1115 et seq. (regarding mediation) or Code of Civil 
Procedure section 2034.010 et seq. (regarding expert 
witnesses).

Section 2. Instructions to the Asking Party

(a)  These interrogatories are designed for optional use by 

parties in construction litigation. An asking party who uses 
this form may not use other form interrogatories - such as 
Form Interrogatories–General (form DISC-001) or Form 
Interrogatories–Limited Civil Cases (Economic Litigation) 
(form DISC-004)) in the same action.
These interrogatories are not intended to be used in

(b)

residential cases involving six or more single-family homes 
or housing units. In a case deemed complex under rule 
3.400 et seq. of the California Rules of Court, these 
interrogatories must not be used until the asking party has 
obtained judicial approval on a showing of good cause.
(c) Check the box next to each interrogatory that you want the 
answering party to answer. Use care in choosing only 
those interrogatories that are applicable to the case. 
(d) You may insert your own definition of construction claim  
or construction defect claim in section 4, but only where 
the action arises from a course of conduct or series of 
events occurring over a period of time. 

(e) The interrogatories under 325.0, Defendant's Contentions, 
should not be used until the defendant/cross-defendant 
has had a reasonable opportunity to conduct an 
investigation or discovery of the other parties' damages.

(f) Additional non-form interrogatories may be attached. 

Section 3. Instructions to the Answering Party

(a) An answer or other appropriate response must be given to 

each interrogatory checked by the asking party.
(b) Within 30 days after you are served with these  

interrogatories, you must serve your responses on the 
asking party and serve copies of your responses on all 
other parties to the action that have appeared. See Code 
of Civil Procedure sections 2030.260 -2030.270 for details.
(c) Each answer must be as complete and straightforward as  
the information reasonably available to you permits, 
including the information possessed by your attorneys or 
agents. If an interrogatory cannot be answered 
completely, answer it to the extent possible.
If you do not have enough personal knowledge to fully  
answer an interrogatory, say so, but make a reasonable 

(d)

Form Approved for Optional Use  
Judicial Council of California  
DISC-005 [Rev. July 1, 2013]

 FORM INTERROGATORIES – CONSTRUCTION LITIGATION

Page 1 of 10

 Code of Civil Procedure,  §§ 
2030.010 -2030.410, 2033.710 
www.courts.ca.gov

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”):

DISC-005 

(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.
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  

(m)

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 [Rev. July 1, 2013]

 FORM INTERROGATORIES – CONSTRUCTION LITIGATION

Page 2 of 10

(p) Pleading means the original or most recent amended  

version of any complaint, cross-complaint, or complaint in 
intervention, and answer to same.

(q)  Product means any goods produced or manufactured by  

natural means or by hand or with tools, machinery, 
chemicals, or the like, and which is the subject of a 
construction defect claim in this action. 

 (r) Subcontractor means any licensed or unlicensed person 

who entered into a contract with a contractor for any of 
the construction on the subject property.

(s) Subject property means any real property that is the  

subject of the construction claim or construction defect 
claim made in this action.

(t) Supervising employee is an employee responsible for  
the supervision and direction of one or more employees 
involved in construction on the subject property. 
Supervising employee also includes the Responsible 
Managing Officer and Responsible Managing Employee 
(as those terms are used in Business and Professions 
Code sections 7065, 7068, and 7068.1) for each builder, 
general contractor, and subcontractor involved in the 
subject property.

(u) Supplier means any person who enters into a contract  
to provide equipment, supplies, or materials for the 
construction as to the subject property.

(v) You (including the possessive your) and anyone acting  

on your behalf refers to you, your agents, your 
employees, your insurance carriers, your attorneys, your 
accountants, your investigators and their agents and 
employees, and anyone else acting on your behalf other 
than your nondisclosed expert consultants.

Section 5. Interrogatories

The following interrogatories have been approved by the 
Judicial Council under Code of Civil Procedure section 
2033.710:

CONTENTS

Identity of Persons Answering These Interrogatories 

Insurance
Subject Property Damages
[reserved] 

301.0 
302.0  General Background Information - Individual
303.0  General Background Information - Business Entity 
304.0 
305.0
306.0–308.0
309.0 Other Damages 
310.0 Other Claims and Previous Claims
311.0
312.0
313.0
314.0
315.0 -319.0 
320.0
321.0
322.0
323.0 Manufacturers 
324.0
325.0
326.0  Responses to Requests for Admissions 

[reserved]
Individual Homeowner Claims
Scope of Work (Contractors and Subcontractors)
Design Professionals (Architects/Engineers)

Investigation
Statutory or Regulatory Violations 
Fraud, Misrepresentation or Breach of Fiduciary Duty 
Contracts 

Denials and Special or Affirmative Defenses 
Defendant's Contentions 

DISC-005 

301.0 

Identity of Persons Answering These  
Interrogatories

301.1  State the name, address, telephone number 
and  relationship to you of each person who prepared, or 
assisted in the preparation of, the responses to these 
interrogatories. (Do not identify anyone who simply typed 
or reproduced the responses.) 

302.0 General Background Information - Individual

302.1  State:
(a)  your name;
(b)  every name you have used in the past; 

and

(c)  the dates you used each name.

302.2  State the date and place of your birth.

302.3  State:
(a)  your present residence address
(b) your residence addresses for the past 15 years; 
(c)  the dates you lived at each address; 

and 

(d)  your telephone number at your present address.

302.4  State:
(a)

the name, address, and telephone number of your 
present employer or place of self-employment, and 
your current job title; 
and 

(b)  the name, address, dates of employment or self-

employment, and job title, for any employment or self-
employment you have had from five years before the 
material facts on which the construction claim or the 
construction defect claim is based until today.

302.5
(a)

State: 

the name and address of each school or other 
academic or vocational institution you have attended, 
beginning with high school;
the dates you attended;
the highest grade level you completed; 
and
the degrees received.

(b)
(c)

(d)

Have you ever been convicted of a felony? If so, 

302.6
for each conviction, state: 
(a)
(b)
(c)

the city and state where you were convicted;
the date of conviction;
the offense; 
and 
the court and case number.

(d)

Can you speak English with ease? If not, what 

302.7
language and dialect do you normally use?

Can you read and write English with ease? If not, 

302.8
what language and dialect do you normally use? 

303.0 General Background Information - Business 

Entity

303.1
(a)

Are you a corporation? If so, state:

the name in your current articles of incorporation;

DISC-005 [Rev. July 1, 2013]

 FORM INTERROGATORIES – CONSTRUCTION LITIGATION

Page 3 of 10

(b) all other names used by the corporation during the 
past 15 years and the dates each name was used;
the date and place of incorporation;
(c)
(d)
the address of the principal place of incorporation;
(e) whether you are qualified to do business in California; 

(f) any other state in which you are qualified to do 

and

business.

Are you a partnership? If so, state:

the current name of the partnership;

303.2
(a)
(b) all other names used by the partnership during the 
past 15 years and the dates each name was used;

(c) whether you are a limited partnership and, if so, 

under the laws of what jurisdiction;
the name and address of each general partner; 
and 
the address of the principal place of business.

(d)

(e)

303.3
(a)

Are you a limited liability company? If so, state:
the company name stated in your current articles of 
organization;

(b) all other names used by the company during the past 

(c)

15 years and the date each was used;
the date and place of filing of the articles of 
organization;
the address of the principal place of business; 

(d)
(e) whether you are qualified to do business in California; 

(f) any other state in which you are qualified to do 

and

business.

Are you a joint venture? If so, state:

303.4
(a)
(b) all other names used by the joint venture during the 

the current name of your joint venture;

past 15 years and the dates each name was used;
the name and address of each joint venture; 
and 
the address of the principal place of business

(c)

(d)

Are you an unincorporated association? If so, 

303.5
state:
(a)
(b) all other names used by the unincorporated  

the current name of your unincorporated association;

(c)

(d)

association during the past 15 years and the dates 
each name was used; 
the address of the principal place of business; 
and 
list the names, addresses, and phone numbers of all  
your board members for the past 10 years, in order of  
the date each took office.

Have you done business under a fictitious name 

303.6
during the past 10 years? If so, for each fictitious name 
state:
(a)
(b)
(c)

the fictitious business name;
the dates each name was used;
the state and county of each fictitious name filing; 
and 
the address of the principal place of business. 

(d)

 During the time that you performed any work at 

303.7
or relating to the subject property, did you possess a 
valid California contractor's license or other professional 
license for the work being performed? If so, state

304.0 Insurance 

DISC-005 

(a)
(b)

the type of license;
the name, address, and telephone number of the 
holder of the license;
the class or type of license;
the license number;

(c)
(d)
(e) any lapse of the license while you performed any  
work at or relating to the subject property and the 
dates of those lapses;

(f) any suspension of the license while you performed 
any work at or relating to the subject property and 
the dates of those suspensions;
and

(g) any inactive status of the license while you performed 
any work at or relating to the subject property and 
the dates of the inactivity.

At or since the time of the material facts on which 
304.1
the construction claim or the construction defect claim 
is based, was there in effect any insurance policy 
through which you are or may be entitled to coverage for 
losses or expenses that have been or may be incurred 
related to the construction claims or construction 
defect claims asserted against you, including but not 
limited to defense costs, indemnity for settlements or 
damages awarded against you, or loss and adjustment 
expenses? If so, for each policy state:
(a)

the policy number or other unique number used by  
the issuer to identify the insurance policy, and the 
effective dates of coverage;
the kind of insurance or coverage (including without  
limitation commercial general liability, professional 
liability, directors and officers, homeowners, property, 
course of construction, builder's risk, automobile, or 
public entity liability protection);
the policy level and description of any underlying  
insurance or self insurance that must be exhausted 
prior to its application (for example, for umbrella or 
excess insurance, please state the amount of 
underlying insurance or self-insurance that must be 
exceeded before the policy applies);
the name of any person who is or may become a  
party to this action who may qualify as an insured, an 
additional insured, or a protected or covered person;

(b)

(c)

(d)

(f)

(e) whether the insurance policy contains a blanket  
additional insured provision or other provision 
whereby the person insured (or person protected by 
the insurance policy) includes any person or entity 
for whom one Insured or protected person is 
obligated to provide additional insured coverage in 
some kind of contract or agreement;
the aggregate and per-occurrence or per-claim limit of 
liability for each potentially applicable coverage 
contained in the insurance policy, including the limit 
the insurer claims is potentially applicable (if less than 
the limit stated in the policy declarations);
the limit of any retained amount payable by any  
insured relative to a claim otherwise covered by the 
policy, whether by means of a deductible, self-insured 
retention, deductible indemnity agreement, or 
retrospective premium provision, and whether the 
payment of loss and adjustment or defense expense 
reduces such retention obligation;
whether the insurance policy contains an exclusion

(g)

(h)

DISC-005 [Rev. July 1, 2013]

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barring coverage for damage known to any insured 
prior to the policy period or barring coverage for 
damage that first occurred prior to the coverage period;
(i) whether the indemnity limit of the insurance policy is 

diminished by the cost of defense;

(j) whether any controversy or coverage dispute exists 

between you and the insurer; 

(k) whether the insurer issuing the insurance policy has 

issued a written reservation of rights;
and 
the name, address, and telephone number of the 
custodian of the policy.

(l)

(Instead of responding to items (a)–(i) above, you may 
attach a complete and accurate copy of each insurance 
policy responsive to this interrogatory. Even if you attach 
such copies, you must still give written answers to items 
(j)–(l) for each policy.)

304.2
Are you self-insured under any statute for the 
damages, claims, or actions that have arisen out of the 
construction claim or the construction defect claim? If 
so, specify the statute. 

304.3  Has any subcontractor who is or might be a 
party to this action named you as an additional insured on 
an insurance certificate or endorsement? If so, for each 
such subcontractor, state:
(a)
(b)  whether you or the insured have made any tender 
under that subcontractor's insurance policy;
the response to your tender; 
and

its name, address, and telephone number;

(c)

(d) whether the contract between the subcontractor 

and you required the subcontractor to carry an 
insurance policy naming you as an additional 
insured. 

Do you attribute any loss of or damage to 

305.1
subject property to the facts on which the construction 
claim or the construction defect claim is based? If so, 
for each subject property,
(a)
(b) describe the nature and location of the loss or 

identify the subject property;

damage to the subject property;

(c) state when you became aware of the loss or damage;
(d) state the amount of damage you are claiming for 

each piece of subject property and how the amount 
was calculated.

 Has the subject property been sold during the 

the name, address, and telephone number of seller; 

305.2
past 10 years? If so, state:
(a)
(b)  the date of sale; and
(c)
the sale price. 
(This interrogatory does not apply to sales of individual 
units when the answering party is an association.)

305.3
Has a written estimate or evaluation been made  
for any item of loss or damage identified in your answer to 
305.1? If so, for each estimate or evaluation state:
(a)

the name, address, and telephone number of the 
person who prepared it and the date prepared;
the name, address, and telephone number of each

(b)

305.0

Subject Property Damages

DISC-005 

person who has a copy of it;
(c)
the amount of damage stated; and
(d)  the basis of the estimate or evaluation.

305.4  State the exact manner in which title is held to 
each piece of subject property for which you are 
claiming damages in this litigation.

For each piece of subject property, or 
305.5
improvements on subject property, in which you have an 
ownership interest, state:
(a)  the date you received an ownership interest in the 

subject property or improvements;
(b) whether you are the original purchaser;
(c)  the name of the person who transferred title in the 

subject property or improvements to you;
the purchase price.

(d)

Did you receive any written or oral disclosures, 

305.6
homeowner's manuals, written or oral warranties, or other 
representations at or about the time you purchased any 
subject property or improvements on the subject 
property? If so, 
(a)

identify all written disclosures, homeowner's manuals, 
or written warranties you received. 

(b) state the name, address, and telephone number of 

the person who has each document containing such 
materials; 

(c) describe any oral warranties or representations you 

were given;

(d)  identify any person who made those oral warranties 

and when and where they were made. 

Did you prepare or provide any written or oral 

305.7
disclosures, homeowner manuals, written or oral 
warranties, or other representations at or about the time 
you sold or transferred any subject property or 
improvements on subject property? If so, 
(a)

identify any written disclosures, homeowner manuals, 
or written warranties; 

(b) state the name, address, and telephone number of 

the person who has each version of each document 
containing such materials; 

(c) describe any oral warranties or representations you 

provided;

(d)  identify any person to whom you made those oral 
warranties and when and where the oral warranties 
were made. 

305.8
Have you made any improvements to any 
subject property in which you have any ownership 
interest? If so, state:
(a)  each improvement you made, including without 
limitation painting, landscaping, pool or spa 
installation, light fixture changes, cabinet changes, 
floor covering replacement, or room additions;
(b)  the date each such improvement was made; 

and 

(c)  the name, address, and telephone number of the 

person who performed the improvement.

305.9  Have you performed maintenance - including 
without limitation roof repair, painting, and caulking - to 
any subject property in which you have an ownership 
interest? If so, state: 

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(a)  the nature of each act of maintenance;
(b)  the date each act of maintenance was performed;

(c) 

and 
the name, address, and telephone number of the 
person who performed each act of maintenance. 

305.10 During the past two years, has the subject 
property been appraised? If so, for each appraisal state:
(a)  the date of the appraisal;
(b)  the name, address, and telephone number of the 

person who performed the appraisal;
and 
the appraised value given for the subject property.

(c) 

305.11 For each problem or defect you contend exists in 
any subject property owned by you, describe in detail: 
(a)  the nature of any problem or defect;
(b)  the date you first became aware of such problem or 

(c) 

defect;
the actions taken by you, if any, in response to the  
problem or defect, including reporting it to any party in 
this litigation;
and 

(d)  the response, if any, by any party in this litigation to 

your report of the problem or defect.

305.12 If you have repaired or attempted to repair any 
construction claim or construction defect claim you 
allege exists in any subject property owned by you, 
state:
(a)  a description of the problem or defect repaired or 

attempted to be repaired; 
a description of the repair or attempted repair; 
(b) 
(c) 
the date of the repair or attempted repair;
(d)  the cost of the repair or attempted repair;

 and

(e)  the name, address, and telephone number of the 

person who performed the repair or attempted repair.

305.13 Have you ever hired any person, including but 
not limited to a contractor, design professional, or 
engineer (but excluding those hired by your attorney), to 
inspect, prepare a bid regarding, or repair a condition that 
you contend in this litigation is a construction claim or 
construction defect claim? If so, for each, state 
(a)
(b)

the date of the inspection;
the name, address, and telephone number of the 
person performing the inspection;
the general nature of the problem or defect inspected; 
and
the cost of the inspection.

(d)

(c)

305.14 Have you ever made any insurance or warranty 
claims or claims to any person for the construction 
claim or construction defect claim alleged in this 
action? If so, state:
(a)

the name, address, and phone number of the 
individual or entity to whom you made the claim;
the approximate date of the claim; 
and 
the resolution of that claim.

(b)

(c)

DISC-005 

306.0

307.0

308.0

[Reserved]

[Reserved]

[Reserved] 

309.0 Other Damages

Are there any other damages that you attribute to 

309.1
the construction claim or construction defect claim 
alleged in this action? If so, for each item of damage state: 
(a)
(b)
(c)
(d)

the nature;
the date it occurred;
the amount; and 
the name, address, and telephone number of each 
person whom you assert suffered damages.

Do any documents support the existence or 

309.2
amount of any item of damages claimed in interrogatory 
309.1? If so, describe each document and state the name, 
address, and telephone number of the person who has 
each document. 

310.0 Other Claims and Previous Claims

In the past 10 years, have you filed any action 

310.1 
(not counting this one) or made a written claim or demand 
for compensation for damages to the subject property? If 
so, for each action, claim, or demand state:
(a)  the name, address, and telephone number of each 

person against whom the claim or demand was made 
or the action filed;
the court, names of parties, and case number of each 
action filed;
the name, address, and telephone number of any 
attorney representing you;

(b)

(c) 

(d)  a general description of the action, claim, or demand; 
(e) 

whether the claim or action has been resolved or is 
still pending; 
and
if applicable, how it was resolved, including the 
amount of any judgment or settlement, description of 
repairs made or ordered, or any other resolution.

(f)

311.0

Investigations—General

Do you or anyone acting on your behalf know 

311.1
of any photographs, films, videotapes, recordings, or 
electronically stored information depicting any place, 
object, event, or individual concerned in the construction 
claim or the construction defect claim? If so, for each 
type of media, state:
(a)

the number of photographs, length of film or 
videotape, or megabytes of an electronic recording;
the places, objects, or persons photographed, filmed, 
videotaped, or otherwise recorded;
the date each photograph, film, videotape, or 
electronic recordings was taken or recorded;
the name, address, and telephone number of each 
individual who took these photographs or recorded 
these films, videotapes, or electronic recordings;
and 
the name, address, and telephone number of each 
person who has the original media or copies of these 
photographs, films, videotapes, or electronic 
recordings.

(b)

(c)

(d)

(e)

DISC-005 [Rev. July 1, 2013]

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Do you or anyone acting on your behalf know 

311.2
of any diagram, reproduction, or model of any place or 
thing concerning the construction claim or the 
construction defect claim? If so, for each item state:
the type of item (such as blueprint, diagram, 
(a)
reproduction, model, etc.);
its subject matter; 
and
the name, address, and telephone number of each 
person who has the item.

(b)

(c)

Has any report been made by any person 

311.3
concerning the construction claim or the construction 
defect claim? If so, state:
(a)

the name, title, and employer of the person who 
made the report;
the date and type of report made;
the name, address, and telephone number of the 
person for whom the report was made; and 
the name, address, and telephone number of each 
person who has an original or copy of the report.

(b)
(c)

(d)

Have you or anyone acting on your behalf 

311.4
(except for consultants retained by counsel or expert trial 
witnesses) inspected the subject property on which the 
construction claim or the construction defect claim is 
based? If so, for each inspection state:
(a)

the name, address, and telephone number of the 
individual making the inspection; 
and 
the date of the inspection.

(b)

312.0

Statutory or Regulatory Violations

312.1
Do you or anyone acting on your behalf 
contend that any person involved in the occurrence of the 
material facts on which the construction claim or 
construction defect claim is based violated any statute, 
ordinance, or regulation, and that such violation was a 
legal (proximate) cause of the construction claim or 
construction defect claim? If so, for each contention, 
identify the name, address, and telephone number of 
each person involved, and the statute, ordinance, or 
regulation violated.

313.0

Fraud, Misrepresentation, or Breach of Fiduciary 
Duty 

313.1
Describe each construction claim or 
construction defect claim at the subject property that 
you contend someone else knew about but did not 
disclose to you at the time of the purchase, development, 
design, construction, or provision of service or supplies to 
the subject property. For each claim:
(a) state all facts on which you base your response; 
(b) state the names, addresses, and telephone numbers 
of all persons who have knowledge of those facts;
and
identify all documents and other tangible things that 
support your response and state the name, address, 
and telephone number of the person who has each 
document or thing. 

(c)

313.2.

Describe each specific concealment and 

314.0

Contracts

DISC-005 

misrepresentation that you claim was concealed from or 
made to you in connection with the purchase, 
development, design, construction, or provision of services 
or supplies to the subject property. For each one: 
(a) state all facts on which you base your response, 

including when, how, and by whom any concealment 
occurred and any misrepresentation was 
communicated to you ; 

(c)

(b) state the names, addresses, and telephone numbers 
of all persons who have knowledge of these facts;
and
identify all documents and other tangible things that 
support your response and state the name, address, 
and telephone number of any person who has each 
document or thing.

314.1
(a)

For each agreement alleged in the pleadings:
identify each document that is part of the agreement 
and state the name, address, and telephone number 
of the person who has each document;

(b) describe each part of the agreement not in writing, 

(c)

(d)

(f)

along with the name, address, and telephone number 
of each person agreeing to that provision, and the 
date that part of the agreement was made;
identify all documents that evidence any part of  
the agreement not in writing, and for each, state the 
name, address, and telephone number of each 
person who has the document;
identify all documents that are part of any  
modification to the agreement and for each, state the 
name, address, and telephone number of each 
person who has the document;

(e) describe each modification to the agreement not in 

writing, along with the date the modification was made 
and the name, address, and telephone number of 
each person agreeing to the modification;
identify all documents that evidence any modification 
of the agreement not in writing and for each state the 
name, address, and telephone number of the person 
who has each document; 
and

(g) state the name, address, and telephone number of 
the person most knowledgeable regarding the 
negotiations and contracting for any services you 
performed at any subject property.

314.2 Was there a breach of any agreement alleged in 
the pleadings? If so, describe every act or omission that 
you allege to be a breach of the agreement and give the 
date of each. 

314.3 Was performance excused for any agreement  
alleged in the pleadings? If so, identify each agreement 
and state why performance was excused.

314.4 Was any agreement alleged in the pleadings 
terminated by mutual agreement, release, accord and 
satisfaction, or novation? If so, identify each agreement 
terminated, the date of the termination, and the basis of 
the termination.

314.5
unenforceable? If so, identify each unenforceable 

Is any agreement alleged in the pleadings 

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agreement and state why it is unenforceable. 

Is any agreement alleged in the pleadings 
314.6
ambiguous? If so, identify each ambiguous agreement and 
state why it is ambiguous. 

Did you contract out any of the work you were to 

314.7
perform on the subject property to another person or 
entity? If so,
(a) state the name, address, and phone number of the 
person with whom you entered the contract;

(b) state if the contract was oral or in writing; 

and 

(c) describe the terms of the contract.

315.0

316.0

317.0

318.0

319.0

[Reserved]

[Reserved]

[Reserved]

[Reserved] 

[Reserved]

Individual Homeowner Claims

320.0
(A Homeowners Association or Common Interest Development 
need not respond to this section.)

Is the subject property your primary residence? 

320.2
If not, describe how often you reside and when you last 
resided at the subject property.

(b)

Have you ever rented or leased the subject 

320.3
property to another person? If so, state: 
(a)

the names, addresses, and last known telephone 
number of all persons who rented or leased the 
subject property;
the names, addresses, and last known telephone 
number of all persons who occupied the property 
under each rental or lease agreement; 
and
the beginning and ending dates of each rental or 
lease agreement. 

(c)

321.0

Scope of Work (Contractors and Subcontractors)

State the name, address, telephone number, job 

321.1
title, and job duties of each of your current or former 
supervising employees who were involved in the 
construction or supervision of construction of any 
improvements to the subject property.

Describe the scope of work that you performed 

321.2
and any materials that you supplied at the subject 
property.

Describe all locations on the subject property  
321.3
where you performed work or services (by phase number, 
unit number, building number or address, or common area 
description).

321.4
State all dates, including first and last, that you:
(a) performed work or supervision for or at the subject 

property; or

(b) supplied materials for the subject property.

DISC-005 

For all contracts identified in your response to  

321.5
Interrogatory 314.1, including all agreements, change 
orders, or additional work orders related to such 
contracts, do you contend that any contractor or 
subcontractor other than you performed any portion of 
work or supplied any portion of materials that you 
contracted to deliver? If so,
(a)

identify the terms of the contract under which work 
was performed; 
and
identify the terms of the contract under which 
materials were supplied.

(b)

For all contracts identified in your response to  

321.6
Interrogatory 314.1, including all agreements, change 
orders, or additional work orders related to such 
contracts, do you contend that you performed any work 
or provided any material on the subject property that is 
not listed in the written contract? If so:
(a)
identify the work performed; 
and
identify the materials provided.

(b)

Did you issue any warranty for work performed 

321.7
or materials supplied on the subject property? If so, 
state:
(a) what the warranty covered; 

and
the dates it was in effect.

(b)

Did you perform any work or supply any  

321.8
materials–under warranty or otherwise–at the subject 
property after the certificate of completion on that subject 
property was issued? If so, state:
(a) what work was performed, the dates the work was 

performed, and the address; 
and 

(b) what materials were supplied, the dates they were 

supplied, and the delivery address.

321.9 Were you provided with a copy of any plans,  
reports, or specifications for the project before performing 
the work? If so, 
(a)  identify all plans, reports, or specifications;
(b) 

state the date when each plan, report, or specification 
was provided to you; 
and

(c) state the names, addresses, and telephone numbers 
of all persons who provided you with each plan, 
report or specification. 

321.10 Before performing your work at the project, did  
you communicate any objections to or requests for 
changes or modifications to any portion of those plans, 
reports, or specifications you listed above in 321.9t? If so, 
(a)  identify each plan, report, or specification that was the 
subject of the objection or request for change or 
modification; 

(b) state the names, addresses, and telephone numbers 
of all persons to whom you communicated your 
objections or requests for changes or modifications; 
and

(c) describe the result, if any, of each of your objections 

or requests for changes or modifications. 

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321.11 Did you rely on any documents or oral  
instructions other than those listed in your responses to 
interrogatories 321.5 or 321.9 to complete your work at 
the project? If so,
(a)

identify all documents and other tangible things that 
you relied on, and state the name, address, and 
telephone number of the person who has each 
document or thing; and 

(b) state each oral instruction you were given and the  

name, address, and telephone number of the person 
who gave you the oral instruction; 
and

(c) state the date when you were provided the 

documents or instruction. 

321.12 Did you communicate any criticisms (including  
but not limited to sequencing problems) to any developer, 
design professional, contractor, subcontractor, or 
supplier on the project during construction? If so,
(a)  state all criticisms and the dates they arose; 
(b)  state the name, address, telephone number, and job 
title of every person to whom you communicated  
your criticism; 
and

(c)  describe any resolutions of issues you raised. 

321.13 During the time that you performed any work at 
the subject property, did you contract to have any 
unlicensed subcontractor or design professional 
perform work at the subject property? If so,
(a)

identify each such person or entity by name, 
address, and telephone number; and 

(b)  describe the type of work you had each such person 

perform. 

Did you or any of your employees design any  

322.1
portion of the subject property or project in this litigation? 
If so, state:
(a)  who retained you to perform the design work;
(b)  the dates of your retention or contract;
(c) 

the portion of the subject property or project you 
designed;

(d)  which Building Code provisions applied to your 
design for the subject property or project; 
the design parameters you relied on in your design 
work for the subject property or project;

(e)

(f)  who approved your design for the subject property 

or project;

(g)  the date of each approval of your design work for the 

subject property or project; 
and

(h)  the names of all supervising employees, past or  

present, who participated in the design of the subject 
property or project. 

322.2  Did you revise or amend your design for the 
subject property after the earliest date of approval 
identified above in 322.1(g)? If so, state:
(a)  the dates of all revisions or amendments to your 

original design;
the substance or description of all revisions or 
amendments to your original design; 
the reason you revised or amended your original

(b)

(c)

322.0

Design Professionals (Architects/Engineers)

DISC-005 

design; 

(d)  the name and job title of any person who approved  
any revisions or amendments to your original design; 
and

(e)  the dates of approval of any revisions or amendments 

to your original design.

322.3  Did you perform any on-site services at the 
subject property? If so, state:
(a)  the dates on which you visited the subject property 

to perform services;

(b)  the services you performed on each date; 

(c)  the portions of construction you observed while on 

322.4  Did you observe any deviation from the intended 
design at the subject property? If so, state;
(a)  the nature of the deviation and date you observed it;
(b)  whether you reported any deviation from the intended 

(c)  when and to whom you reported such deviation; 

(d)  whether any corrective actions were taken with 

respect to any observed deviation. 

and

site.

design;

and

323.0 Manufacturers 

For each product that you supplied or  

323.1
manufactured, name the product or series, prior or later 
versions of it, and describe what changes (design or 
otherwise) have been made to it over its lifespan. 

For each product identified in response to the 

323.2
preceding interrogatory, state:
(a)  who designed the product; 
(b) how it was tested or certified; 
(c) what standards applied to its manufacture; 
(d) any test reports or certifications of the product, by 

date; 
and 
the name, address, and telephone number of the  
facility where the product was manufactured.

(e)

323.3
(a)

(b)

(c)

(d)

For each product identified above, state:
the quality control systems in place at each  
manufacturing site listed in your response to 
323.2(e); 
the date when the quality control system was 
established; 
the criteria used for the quality control system; 
and
the names, addresses, and job titles of all persons  
who have been in charge of the quality control system 
over the last 10 years. 

323.4  How and where was each product identified 
above stored until shipped? 

323.5  How was each product identified above 
shipped? For each, state:
(a)  the method of shipment;
(b) where it was shipped; 

and 

(c) who accepted delivery of it and when.

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323.6  Do you have a customer service department? If 
so:
(a) state the name, address, telephone number, and job 

title of the person in charge; and 

(b) describe any complaints received concerning any  

product identified above and how they were handled. 

Is there or has there ever been a warranty for any 

323.7
product identified above? If so, what are the terms of the 
warranty?

323.8 Who was in charge of the sales of the product 
for this project? State the person's name, address, 
telephone number and job title.

323.9
sales materials for any product identified above? 

Are there any brochures, advertisements, or 

323.10
Are there any installation instructions or  
�
manufacturer recommendations for any product identified 
above? If so, state:
(a)

the name, address, telephone number, and job title of 
the person who wrote them;

(b) all changes or modifications to them, and the dates 

(c)

the changes or modifications were made; 
and 
the name, address, telephone number, and job title of 
the person to whom the changes or modifications 
were provided.

324.0

Denials and Special or Affirmative Defenses

Identify each denial of a material allegation and 

324.1
each special or affirmative defense in your pleadings, 
and for each:
(a) state all facts on which you base the denial or special 

or affirmative defense;

(c)

(b) state the names, addresses, and telephone numbers 
of all persons who have knowledge of those facts; 
and
identify all documents and other tangible things that  
support your denial or special or affirmative defense, 
and state the name, address, and telephone number 
of the person who has each document. 

325.0

Defendant's Contentions

Do you contend that any person, other than you 

325.1
or the plaintiff, contributed to the existence of the 
construction claim or construction defect claim or the 
damages claimed by the plaintiff? If so:
(a) state the name, address, and telephone number of  

each person who contributed;

(b) state all facts on which you base your contention; 
(c) state the names, addresses, and telephone numbers 
of all persons who have knowledge of the facts; 
and
identify all documents and other tangible things that 

(d)

Date:

DISC-005 

support your contention and state the name, 
address, and telephone number of the person who 
has each document or thing.

325.2
 Do you contend that plaintiff did not incur  
damages arising from the facts on which the construction 
claim or the construction defect claim is based? If so:
(a)  state all facts on which you base your contention;
(b)  state the names, addresses, and telephone numbers 
of all persons who have knowledge of the facts; 
and
identify all documents and other tangible things that 
support your contention and state the name, 
address, and telephone number of the person who 
has each document or thing.

(c)

Do you contend that any of the property  

325.3
damage claimed by plaintiff thus far in this case was not 
caused by the construction claim or construction 
defect claim? If so: 
(a)  identify each item of property damage;
(b) state all facts on which you base your contention;
(c)  state the names, addresses, and telephone numbers 
of all persons who have knowledge of the facts; 
and
identify all documents and other tangible things that 
support your contention and state the name, 
address, and telephone number of the person who 
has each document or thing.

(d)

Do you contend that any of the costs claimed by 

325.4
plaintiff thus far in this case for repairing the property 
damage are unreasonable? If so: 
(a)  identify each cost item;
(b) state all facts on which you base your contention;
(c)  state the names, addresses, and telephone numbers 
of all persons who have knowledge of the facts; 
and
identify all documents and other tangible things that 
support your contention and state the name, 
address, and telephone number of the person who 
has each document or thing.

(d)

326.0

Responses to Request for Admissions

Is your response to each request for admission 

326.1 
served with these interrogatories an unqualified 
admission? If not, for each response that is not an 
unqualified admission:
(a) state the number of the request;
(b) state all facts on which you base your response; 
(c) state the names, addresses, and telephone numbers 
of all persons who have knowledge of those facts; 
and 
identify all documents and other tangible things that  
support your response, and state the name, address, 
and telephone number of the person who has each 
document or thing. 

(d)

  (TYPE OR PRINT NAME OF           ATTORNEY           PARTY WITHOUT ATTORNEY)

(SIGNATURE)

DISC-005 [Rev. July 1, 2013]

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Page 10 of 10

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