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Industry norm during lawsuit on when & how many times Opposing side’s Expert is granted access to Residence

3 weeks ago

Lawsuit has been filed against a general contractor for negligence, breach of contract, fraud, etc. Defense expert (hired by general contractor’s attorney) has been given access to photograph, & walk around homeowner’s entire residence; and all area where claims have been made in the lawsuit were pointed out to the expert.
Part of the construction must be torn down and rebuilt.
Homeowner has hired a new contractor is now ready to tear down and rebuild.
Defense expert wants to be present during the entire demo process, which seems completely unnecessary. Plaintiff wants to allow their expert to come by at a time when the construction workers are not there. What is the Industry norm for how much access opposing side’s expert is given?

Senior Legal Associate Levelset

Unfortunately, I don’t have much experience litigating construction defect suits – so I’m not able to speak from experience on this issue. Certainly, some access to the property must be granted, but it does seem like demanding an expert be present for the entire demolition might be excessive.

For more clarity, it might be helpful to reach out to one of these California Construction Payment Experts. Many of them are California lawyers, and they may have more experience with California construction defect cases.

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