Preview
07/22/2011 10:46:25 AM 713-755-1451 Page 1/1
Filed 11 July 22 A10:46
Chris Daniel - District Clerk
~ Pl
Harris County
CAUSE NO. 2010-19717
KB HOME LONE STAR INC., F/K/A § IN THE DISTRICT COURT SK
KB'HOME LONE STAR LP, §
Plaintiff, §
§
V. 333” JUDICIAL DISTRICT
BIG:STATE EXCAVATIONS, INC.,
HARTFORD FIRE INS. CO. and,
NATIONAL FIRE INS. CO. OF
HARTFORD
HARRIS COUNTY, OF TEXAS
—
ORDER
TO THE HONORABLE JUDGE OF SAID COURT:
On this the day of 2011, the Court considered the
Motion of BIG STATE EXCAVATIONS, INC., on behalf of and the Court, after reviewing said
Motion, is of the opinion that said Motion is meritorious and is therefore, in all things; GRANTED.
IT IS ORDERED ADJUDGED AND DECREED that BIG STATE EXCAVATIONS, INC.
may file its Designation of Responsible Third-Parties, identifying THE MURILLO COMPANY and
JONES .& CARTER, INC. as responsible third parties attached hereto as Exhibit “A”.
ORDER SIGNED this day of 2011.
PRESIDING JUDGE
RECORDER'S ME
This instrument is ofMOpooRA NDUM
r quality
al the time of imaging
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CAUSE No. 2010-19717
KB HOME LONE STARINC., F/K/A IN THE DISTRICT COURT OF
KB HOME LONE STAR LP,
Plaintiff,
v. 333™ JUDICIAL DISTRICT
BIG STATE EXCAVATIONS, INC.,
HARTFORD FIRE INS. CO. and,
NATIONAL FIRE INS. CO. OF
HARTFORD HARRIS COUNTY, OF TEXAS
aoe ~e ne ——
DEFENDANT, BIG STATE EXCAVATIONS, INC.’S REQUEST FOR DISCLOS
INTERROGATORIES AND REQUEST FOR PRODUCTION TO JAHO, INC.
a a nee
TO: Defendant, Jaho, Inc., by and through its attomey of record, Gary E. Parks, 2000 Bering,
suite 380, Houston, Texas 77057.
Pursuant to Texas Rules of Civil Procedure, you are hereby requested to answer cach of the
following Request for Disclosures, Interrogatories and Requ
for est
Production separately and fully
in writ
anding,
under oath. You are advised that your answers to must be delivered to the
undersigned attomey not more than thirty days from the date of your receipt of this discovery and
your swom ‘answers thereto: for Interrogatories maybe offered in evidence at the trial of this case,
‘You have.a continuing duty to timely amend any-of your answers to this discovery if you obtain
information upon which: (2) you know that an answer you have given to this discovery, though
correct when you originally made it, is no longer true and circumstances are such that a failure to
amend the answer is, in substance, a knowing concealment; or, (2) you know that any answer you
have given to this discovery was incorrect when originally made. “If you expect to:call an expert
Witness at the time of trial and the identity or subject matter of such expert witness' testimony has
not been previously disclosed in response to this discovery,
you must supplement this discovery to
Page 2/21
713-755-1451
08/17/2011 03:41:38 PM
with the substance
the name, ares, an telephone numberof the expert wits 1 gether
cio
of his or her testimony.
merely such
h information as is available to you, not
In answering this discovery, furnis
ion which
as is with in your own know ledg e. This means you are to furnish informat
informatic jon
g your attomey or any
you, your employees or agents, includin
is known by or in possession of
agent or investigator of your attorney.
Respectfully submitted,
PIPKIN FERGUSON PLLC
AF
.
By:
Jobn E, Pipkin
State Bar No. 16062300
300
13201 Northwest Freeway, Suite
Houston, Texas 77040
713) 961-3720
(713) 961-5438 (fax)
ATTORNEY FOR DEFENDANT,
BIG STATE EXCAVATIONS, INC.
oem ee
LE La
CERTIFICATE OF SERVICE
—
and correct copy of the above and
foregoing
ned, here by cert ify that a true
I, the undersig
to the undersigned pursuant
men t bas bee n ser ved upo n all known counsel of record known
instru
Scheduling Order on the 22™ day of March 2011.
to Texas Rules of Civil Procedure
Se
John E. Pipkin
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tL
DEFINITIONS
“You” or “Your” means JAHO, Inc., its agents, representatives, independent
contractors, employees and any and all persons acting on its behalf.
“Big State Excavations, Inc.”, and “Big State” means this Defendant, and includes its
agents, representatives, partners, independent contractors, employees and. all other
personsacting on its behalf.
“Document” means any printed, typewritten, or hand-written matter, any other form of
graphical depiction of any communication, information, or data, any writing or.other
tangible things, of any kind of description; however, produced or reproduced, and any
type of digitally electronically or. magnetically stored information, including. without
limitations, data compilations and stored data from which information can be obtained
and translated data (both tangible form and stored in memory components), data print-
outs databases, “e-mail” messages, ‘phonographic records, audio recordings (whether
stored in analog form, stored digitally, stored magnetically (including audio tapes, or
otherwise), video: recordings (whether. stored digitally, on videotape, or otherwise),
photographs (whether stored digitally, on photographic film, or otherwise), telecopies and
facsimiles, telegrams, teletype or telefax messages, telexes, work sheet, working papers,
or materials similar to any of the foregoing, however denominated to you:
The. terms “document” and “documents” ‘also inchide drafts of any documents and
every copy of a document that is not an identical reproduction’ of the original, whether
because it bears any hand-written words, markings, interlineations, alterations, revisions,
changes, deletions, marginal comments, notations, or other thing that does not appear in
or on the original, or because it otherwise differs in any way from the original document.
The foregoing definition is not intended to be one of limitation, and the term
“document” is to be given the broadest construction possible under the Texas Rules of
Civil Procedure and decisions construing those rules.
“Person” means any natural person, corporation, firm, associations, partnership, joint
‘venture, limited liability company, proprietorship, governmental body, or other form of
organization, business, or legal entity.
“Concerning” means referring to, relating to, describing, setting forth, evidencing, or
constituting.
“Commuaication” means any oral, written, or electronic communication of any kind.
“Lawsuit” or “Litigation” refers to the lawsuit styled, Cause No, 2010-19717; KB
Home Lone Star Inc., fik/a KB Home Lone Star, LP, v. Big State Excavations, Inc.,
Hartford Fire Ins. Co., and National Fire Ins. Co. of Hartford; In the 333" Judicial
District Court of Harris County, Texas.
ene or “property” refers to construction of the infrastructure in. Westgate Section
4
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INTERROGATORIES
INTERROGATORY NO. 1:
Please state the name, address and tellephone number of the individual who responded to these
interrogatories and each and every individual who assi:isted or provided ass
ist
in anc
connection
e
with answering these interrogatories.
ANSWER;
INTERROGATORY NO. 2:
If you contend that there was: an: alleged failure in the installation of the water, sanitary and
drainage facilities of Westgate Section 16 which has made the basis of this la iwsul!it, please set
forth in detail, the complete factual basis which supports any such contention.
ANSWER:
INTERROGATORY NO. 3:
If you contend that Defendant, Big State was negli igent, please set forth with complete
specificity
the complete: factual basis which supports your contentions that: Defendant,
Big: State, was
negligent:
1 in fail to ing
perform its work in 8 good and workmanlike manner;
2 infailing to properly install water, sanitary drainage facilities at Westgate Section
16;
3. in failing to properly supervise the work on the Health Center;
4 in failing to ensure that app: ropriate and proper materials, specifically thewater,
sanitary drainage facilitiesat Westgate Section 16 was properly installed.
ANSWER:
INTERROGATORY NO. 4:
If you contend that Defendant, Big State, did not comply with applicable building codes
and
standards for good and workmanlike construction with regards to the work Big State performe
d
and/or materials provided for the installation of the water, sanitary and drainage facilities of
‘Westgate Section 16 at issue in this lawsuit, please set forth with complete specificity each and
every factual basis which supports your contention.
ANSWER:
INTERROGATORY NO. 5;
If you contend ‘that Defendant, Big State, breached its contract with KB Home, please set forth
with complete specificity each and every factual basis which supports your contention.
ANSWER:
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INTERROGATORY NO. 6:
If you contend that Defendant, Big State, breached an express warranty pertaini to thengwork
performed and/or materials provided for the installatiion of the water, sanitary and
drainage
facilities of Westgate Section 16 at issue in this lawsuit, please set forth with complete specifici
ty
each and every factual basis which supports your con! tention.
ANSWER:
INTERROGATORY NO. 7:
Please describe in detail the nature of all repairs and improvements that you have
made,
consulted on, or provided engineering services to the installation of Utilities including paving of
Westgate Section 16, including the name, address and telephone number, and specialty/trade of
each person, contracting firm and/or subcontractor, or entity who conducted such repairs and
improvements.
ANSWER:
INTERROGATORY NO. 8:
With regard to any of the work and services identified in Interrogatory
No. 7, please identify the
approximate date or dates such work and services were conducted; and the total amount of
money paid to you for each and such work.
ANSWER:
INTERROGATORY NO. 9:
Please state the name, address and telephone number of any person you expect will be called to
testify at the time of the trial. See TRCP 192.3(d).
ANSWER:
INTERROGATORY NO. 10:
Do you, your attorneys, their agents, employees or representatives have any statements (oral or
written) of this Defendant or any of its present or former ‘employees, agents, or representatives
which pertain to any of the matt madeers
the basis of this lawsuit? If so, please identify by name
each person whose statement has been taken; and the name and address of the person who took
or obtained each such statement.
ANSWER:
INTERROGATORY NO. 11:
Please identify. by name, address, telephone number, and occupation each individual. and
company who has inspected or tested the installation of utilities including paving of Westgate
Section 16, who .
has’ performed any ‘simulation ‘studies, experiments, recreations, or tests
regarding the installation of the utilities including paving of Westgate Section 16, including the
date and type of inspection.
ANSWER:
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INTERROGATORY NO. 12:
Please state the name, address and telep! hone number of each and every consulting expert whose
work, opinions, or impressions have been reviewed by a testifying expert. For each
such
consulting expert, describe his or her opinions and the factual information upon which the
opinions are based.
ANSWER:
INTERROGATORY NO. 13:
If you contend that \the work performed and/or materials provided by Big State
for the
installation of the water, sanitary and drainage facilitics of Westgate
Section 16 violated any
standard, code, or regulation, please identify the standards, codes, or regulations you
claim were
violated and state how they were violated.
ANSWER:
INTERROGATORY NO. 14:
Please identify who. conducted any testing or analysis of the water, sanitary and drainage
facilities of Westgate Section 16 prior to construction and installation o:
f the paving, including
when such testing or analysis occurred, and the results of same.
ANSWER:
INTERROGATORY NO. 15:
Please identify what individuals and companies performed any of the repairs to the installation of
utilities including paving of Westgate Section 16 from the date you ceased work on the
project
through the present.
ANSWER:
INTERROGATORY NO. 16:
Please identify any work you performed at Westgate Section 16 that touched on, penetrated,
i access to or may have affected the installation of the water, sanitary
and drainage
facilities of Westgate Section 16.
ANSWER:
INTERROGATORY NO. 17:
Please identify any construction materials, samples of materials, products, and/or component
parts in your possession that were used, evaluated, tested or inspected for use in the construction
or repair of the utilities including paving of Westgatte Section 16 or collec
and obtained
ted during
cleanup or repairs to Westgate Section 16.
ANSWER:
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INTERROGATORY NO. 18:
Please identify any code, standard, regulation or specifications
which Pertain to the engineering,
construction and repair of the utilities including paving of Westga
te Section 16.
ANSWER:
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REQU
FOR
ESPRODU
TS CTION
REQUEST FOR PRODUCTION NO. 1:
Please produce color reproductions of any Photographs and electronic or video
tape recordings in
connection with the damages made the basis of this lawsuit or that are in any way material to any
iss in this
ue case. (Please produce any digital or electronic recordings on a CD or DVD).
RESPONSE:
REQUEST FOR PRODUCTION NO. 2:
Please produce a copy of any and all recorded, handwritten or other statemen
ts taken from the
Defendant, Big State, or any of the Defendant’s agents or employees.
RESPONSE:
REQUEST FOR PRODUCTION NO. 3:
Please produce all reports, investigations, inspections, or evaluations performed on
the utilities at
‘Westgate Section 16 as a result of the incident made the basis of this lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 4:
Please produce all reports, investigations, inspections or evaluations performed on the paving of
Westgate Section 16 during its construction and prior to the date your work
ceased on the
project.
REQUEST FOR PRODUCTION NO. 5:
Please produce any tangible articles of evidence which were involved in the incident made the
basis of this lawsuit, be it damaged property, or allegedly defected products or any other items of
tangible evidence.
RESPONSE:
REQUEST FOR PRODUCTION NO. 6:
Please produce copies of any and all settlement documents regarding any settlement that you
have entered into with any party or non-parties arising out of the incident made the basis for this
lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 7:
Please produce any and all written or recorded statements by any witness to the incident or
statements of any witness having knowledge of relevant facts made or obtained Prior to the date
that suit was filed in this matter.
RESPONSE:
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REQUEST FOR PRODUCTION NO. 8:
Please produce copies of any and all receipts, drawings, documents photographs, or any other
tangible articles of evidence which relate to any subsequent construction, remodel and/or repairs
done to the utilities mcluding paving at Westgate Section 16 by you.
RESPONSE:
REQUEST FOR PRODUCTION NO. 9:
Please produce all letters, correspondence or other documents evidencing any written
comimunication between the Plaintiff and you which pertain or relate to any of the matters which
made the basis of this lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 10:
Please produce any and all letters, correspondence or writings between the Plaintiff and any
of this
made the basis
other party to this lawsuit, which pertain to or relate to any of the matters
lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 11:
Please produce any and all letters, correspondence or writings between you and any other party
to this lawsuit, which pertain to or relate to any of the matters made the basis of this lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 12:
Please produce: all appraisals, estimates or other writings which pertain, relate-or evidence
expenses for repair to the alleged damage to the property made the basis of this lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 13:
If you contend that Defendant, Big State,.was negligent, then please produce any and all
documents, correspondence, written reports, diagrams, or any other documents which in any way
supports your contentions:
L in failing to perform its work in a good and workmanlike manner,
2. in failing to properly install the water, sanitary and drainage facilities at Westgate
Section 16;
3. in failing to properly supervise the work on the water, sanitary and drainage
facilities of Westgate Section 16;
in failing to ensure that appropriate and proper materials, Westgate Section 16,
were properly installed at Westgate Section 16;
in failing to select appropriate and qualified contractors to provide labor and
materials for the construction of the water, sanitary and drainage facilities of
Westgate Section 16;
10
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in failing to comply with the standards and buildining , codes that applied to the
construction of the water, sanitary and drainage facilities of Westgate Section
16;
and
in failing to act as reasonable contractors and/or suppliers would have done
under
the same or similar circumstances.
RESPONSE:
REQUEST FOR PRODUCTION NO. 14:
If you contend that Big State did not comply with applicable building codes
and standards for
good and workmanlike construction with re; gards to the work Big State’
performed. and/or
materials provided for the construction of the ‘water, sanitary and drainage facilitie
s of‘Westgate
Section 16 at issue in this lawsuit, then please prod uce any and all documents, correspondence;
written reports, diagrams, or any other documents which in any way supports your
contention.
RESPONSE:
REQUEST FOR PRODUCTION NO. 15:
If you contend that the work performed and/or materials provided by Big State
for installation of
the water, sanitary and drainage facilities of Westgate Section 16 violated any standar
d, code, or
regulation, then please produce any and all documents, correspondence, written
Teports,
diagrams, or any other documents. which in any way supports your contention.
RESPONSE:
REQUEST FOR PRODUCTION NO. 16:
If you contend that the Defendant, Big State, breached its contract with KB Home Lone
Star,
Inc., for the construction of the water, sanitary and drainage facilities at Westgate
Section 16 at
issue in this lawsuit, then please produce any and all documents, correspondence, written
reports,
diagrams, or any other docwhich ume in anyntsway supports your contention.
RESPONSE:
REQUEST FOR PRODUCTION NO. 17:
If you contend that Defendant, Big State, breached an express warranty pertaining to the work
performed and/or materials provided for the construction’ of the water, sanitary and draina
ge
facilities of Westgate Section. 16 at issue in this lawsuit, then Please produce ‘any. and all
documents, correspondence, written reports, diagrams, or any other documents which in any way
supports your contention.
RESPONSE:
REQUEST FOR PRODUCTION NO. 18:
If you contend that the water, sanitary, and drainage facilities: at- Westgate Section 16..was
installed defectively, then please produce any and all documents, correspondence,
. written
reports, diagrams, or any other documents which in any way supports your contention.
RESPONSE:
11
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REQUEST FOR PRODUCTION NO. 19:
Please produce all records, documents, letters, correspondence or other writings which pertain or
relate to any complaints and allegations made by the Plaintiff to you conceming alleged
construction defects and damages with regard to the utilities including paving of Westgate
Section 16.
RESPONSE:
REQUEST FOR PRODUCTION NO. 20:
Please produce all written specifications pertaining to the utilities at Westgate Section 16 which
is the subject of this lawsuit, specifically including, but not limited to written specifications
pertaining to the paving.
RESPONSE:
REQUEST FOR PRODUCTION NO. 21:
Please produce all plans, drawings, specifications, or other writings which pertain, relate, or
evidence any alteration, niodification, upgrade, or other improvements made-to the utilities
including paving of Westgate Section 16 which is the subject of this lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 22:
Please produce true and correct copies of any blue prints, construction drawings, specifications,
architecture specifications, engineering reports or other documents associated with construction
of the property made the basis of this lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 23:
Please produce all engineering or architect plans, drawings or specifications pertaining to any
repairs, proposed or made to the utilities including paving of Westgate Section 16.
RESPONSE:
REQUEST FOR PRODUCTION NO. 24:
Please produce all building permits which pertain or relate to any construction and repairs made
to the utilities including paving of Westgate Section 16 made the basis of this lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 25:
Please produce a true and correct copy of any and all insurance policies which in any way apply
to and/or cover the claims asserted in this lawsuit pursuant to Defendants
Request for Disclosure.
RESPONSE:
12
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REQUEST FOR PRODUCTION NO. 26:
Please produce’ all letters, correspondence, proof of claim forms, denials of coverage,
reservations of rights, payments of claims, or other writings and communications from your
ingurer(s) with regards'to any claim or loss arising out of or pertaining to possible insurance
coverage for the damages made the basis of this lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 27:
Please produce a true and correct copy of all building codes, standards or ordinances that you
contend relate to or govern the construction of the property which is the subject of this lawsuit.
RESPONSE:
REQUEST FOR PRODUCTION NO. 28:
Please produce ‘all letters, correspondence or other writings which pertain or relate to any
expressed warranty furnished or provided to Plaintiff by. you or any other party in connection
with the construction of the utilities including paving of Westgate Section 16.
RESPONSE:
REQUEST FOR PRODUCTION NO. 29:
Please produce all letters, correspondence or other writings which pertain or relate to any
expressed warranty furnished or provided to Plaintiff by you or any other party in comection
with the construction of any consponent of the utilities including paving of Westgate Section 16
that Plaintiff contends was damaged.
RESPONSE:
REQUEST FOR PRODUCTION NO. 30:
Please produce the entire contents of any and all files and/or any and all documents prepared by
any individual or entity who inspected the utilities including paving at Westgate Section 16 in an
effort to determine the cause or the extent of any problems and damage associated with the
property including notes, correspondence, reports, invoices or other documents.
RESPONSE:
REQUEST FOR PRODUCTION NO. 31:
Please produce a true and correct copy of any contract in. your possession regarding the
construction and repairs to the utilities including paving of Westgate Section 16.
RESPONSE:
REQUEST FOR PRODUCTION NO. 32:
Please produce ‘any research, data, correspondence, photographs, video, electronic recording,
memoranda, or other documentation you intend to use as an exhibit or demonstrative aid at the
time of trial.
13
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PM
713-755-1451
Page 13/24
RESPONSE:
rey FOR PRODUCTI
Were Involved With
ON No,
any and all document 33;
s which Purport to
the design of the Utilit show al
iesincluding Paving l entiti Par ortpeirson
esswho
of West,tgate Sectio
RESPONSE: n 16.
REQUEST FoR PROD
UC
easeproduce any and TION NO. 34:
all docum:
and/or receiy, red by ecifically incl
initial construct; ‘on you sent from or © and email,
and subsequent repa sent to JA
16. ir of the utilities in HO and/or Plaintisy.
ch Paving ofWestga
te Section
RESPONSE:
REQUEST FOR PROD
Please produce any an UCTION NO, 35:
d all ts
ay repairs to the utilit the i construction, in
ies including Paving . stallation, testing
of Westgate S ection 16. and
RESPONSE;
REQUEST FO! R PR
Please
ODUCTION NO. 36:
any and all docu
and/or repairs to any men ts regarding th
utilities includin, 8 Pa e desi cor
ving of Westgate installation, testing
Section 16,
RESPONSE
REQUEST FOR PR
ODUCTION No. 37:
ciluce any.ind all docu
State’s Tht ments, materials, etc, de
scribed or identi
fied in Tesponse
to Big
RESPONSE:
14
08/17/2011 03:41:38 PM 713-755-1451 Page 14/21
REQFOR
UDIS
ECLO
SSUR
TES
@ ‘The correct names of the parties to this lawsuit.
RESPONSE:
(b) The name, address and telephone number of any
potentialparties,
RESPONSE:
©) The legal theories and, in general, the factu
al bases of the
defenses (the responding party need not marshal i ’s claims or
all evidence that may be » ffered at trial),
RESPONSE:
@ The amount and any method of calculating economic
damages.
SPONSE:
© The name, address and telephone number of persons
having knowledge of relevant facts,
and state each person’s comnectio:mn with
the case.
RESPONSE:
@ For any testifying expert:
(1) The expert’s name, address and tel lephone number;
Q) The subj matterec
on which
tthe expert will testify;
@) The general substance of the expert's mental impr
essions and opinions and
a brief summary of the basis for them, or if the
expert is dot retained
by,
employed by, or otherwise, subject to the control of
documents reflecting such information; the responding party,
@ If the expertis retained by, employed by
or otherwise subject to the
control of theresponding party;
A) All documents, tangible things, Teporis, models, or data
compilations that have been provided to , revie
wed by, or prepared
by or for theex, ‘pert in anticipation of’the expert’s testimony; and
B) The expert’s current resume and bibli
lography.
RESPONSE:
(g) _Any indemnity and insuring agreements described
in Rule 192.3(f).
RESPONSE;
15
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08/17/2011 03:41:38 PM
(h) Any settlement agreements described in Rule 192.3(g).
RESPONSE:
@ Any witness statements described in Rule 192.3(h).
RESPONSE:
@ Ina suit alleging physical or mental injury and damages for the occurrence that is the subject
of the.case, all medical records and bills that are reasonably related to the injuries or
asserted or, in lieu thereof, an authorization permitting the disclosure of such
medical records and bills.
RESPONSE:
®) In a suit alleging physical or mental injury and damages for the occurrence that is the subject
of the’ case, all medical records and bills ‘that are reasonably related to the injuries or
asserted or, in liew thereof, an authorization permitting the disclosure of such
medical records and bills.
RESPONSE:
as a
@ The name, address, and telephone number of any person who may be designated
responsible third party.
RESPONSE:
16
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08/17/2011 03:41:38 PM
Fed 14 Merch
22 P1:27
EDiounteast019
PIPKIN 13201
Houston, Teuss 77010.
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FERGUSON |e ttc pe TI3.961.3790
£7 13.961.5438
Aflurueys wt Law pipkingerguses.com,
March 22, 2011
CERTIFICATE OF WRITTEN DISCOVERY
‘Mr. Chris
Preview
07/22/2011 10:46:25 AM 713-755-1451 Page 1/1 Filed 11 July 22 A10:46 Chris Daniel - District Clerk ~ Pl Harris County CAUSE NO. 2010-19717 KB HOME LONE STAR INC., F/K/A § IN THE DISTRICT COURT SK KB'HOME LONE STAR LP, § Plaintiff, § § V. 333” JUDICIAL DISTRICT BIG:STATE EXCAVATIONS, INC., HARTFORD FIRE INS. CO. and, NATIONAL FIRE INS. CO. OF HARTFORD HARRIS COUNTY, OF TEXAS — ORDER TO THE HONORABLE JUDGE OF SAID COURT: On this the day of 2011, the Court considered the Motion of BIG STATE EXCAVATIONS, INC., on behalf of and the Court, after reviewing said Motion, is of the opinion that said Motion is meritorious and is therefore, in all things; GRANTED. IT IS ORDERED ADJUDGED AND DECREED that BIG STATE EXCAVATIONS, INC. may file its Designation of Responsible Third-Parties, identifying THE MURILLO COMPANY and JONES .& CARTER, INC. as responsible third parties attached hereto as Exhibit “A”. ORDER SIGNED this day of 2011. PRESIDING JUDGE RECORDER'S ME This instrument is ofMOpooRA NDUM r quality al the time of imaging 08/17/2011 03:41:38 PM 713-755-1451 Page 1/21 CAUSE No. 2010-19717 KB HOME LONE STARINC., F/K/A IN THE DISTRICT COURT OF KB HOME LONE STAR LP, Plaintiff, v. 333™ JUDICIAL DISTRICT BIG STATE EXCAVATIONS, INC., HARTFORD FIRE INS. CO. and, NATIONAL FIRE INS. CO. OF HARTFORD HARRIS COUNTY, OF TEXAS aoe ~e ne —— DEFENDANT, BIG STATE EXCAVATIONS, INC.’S REQUEST FOR DISCLOS INTERROGATORIES AND REQUEST FOR PRODUCTION TO JAHO, INC. a a nee TO: Defendant, Jaho, Inc., by and through its attomey of record, Gary E. Parks, 2000 Bering, suite 380, Houston, Texas 77057. Pursuant to Texas Rules of Civil Procedure, you are hereby requested to answer cach of the following Request for Disclosures, Interrogatories and Requ for est Production separately and fully in writ anding, under oath. You are advised that your answers to must be delivered to the undersigned attomey not more than thirty days from the date of your receipt of this discovery and your swom ‘answers thereto: for Interrogatories maybe offered in evidence at the trial of this case, ‘You have.a continuing duty to timely amend any-of your answers to this discovery if you obtain information upon which: (2) you know that an answer you have given to this discovery, though correct when you originally made it, is no longer true and circumstances are such that a failure to amend the answer is, in substance, a knowing concealment; or, (2) you know that any answer you have given to this discovery was incorrect when originally made. “If you expect to:call an expert Witness at the time of trial and the identity or subject matter of such expert witness' testimony has not been previously disclosed in response to this discovery, you must supplement this discovery to Page 2/21 713-755-1451 08/17/2011 03:41:38 PM with the substance the name, ares, an telephone numberof the expert wits 1 gether cio of his or her testimony. merely such h information as is available to you, not In answering this discovery, furnis ion which as is with in your own know ledg e. This means you are to furnish informat informatic jon g your attomey or any you, your employees or agents, includin is known by or in possession of agent or investigator of your attorney. Respectfully submitted, PIPKIN FERGUSON PLLC AF . By: Jobn E, Pipkin State Bar No. 16062300 300 13201 Northwest Freeway, Suite Houston, Texas 77040 713) 961-3720 (713) 961-5438 (fax) ATTORNEY FOR DEFENDANT, BIG STATE EXCAVATIONS, INC. oem ee LE La CERTIFICATE OF SERVICE — and correct copy of the above and foregoing ned, here by cert ify that a true I, the undersig to the undersigned pursuant men t bas bee n ser ved upo n all known counsel of record known instru Scheduling Order on the 22™ day of March 2011. to Texas Rules of Civil Procedure Se John E. Pipkin 08/17/2011 03:41:38 PM 713-755-1451 Page 3/21 tL DEFINITIONS “You” or “Your” means JAHO, Inc., its agents, representatives, independent contractors, employees and any and all persons acting on its behalf. “Big State Excavations, Inc.”, and “Big State” means this Defendant, and includes its agents, representatives, partners, independent contractors, employees and. all other personsacting on its behalf. “Document” means any printed, typewritten, or hand-written matter, any other form of graphical depiction of any communication, information, or data, any writing or.other tangible things, of any kind of description; however, produced or reproduced, and any type of digitally electronically or. magnetically stored information, including. without limitations, data compilations and stored data from which information can be obtained and translated data (both tangible form and stored in memory components), data print- outs databases, “e-mail” messages, ‘phonographic records, audio recordings (whether stored in analog form, stored digitally, stored magnetically (including audio tapes, or otherwise), video: recordings (whether. stored digitally, on videotape, or otherwise), photographs (whether stored digitally, on photographic film, or otherwise), telecopies and facsimiles, telegrams, teletype or telefax messages, telexes, work sheet, working papers, or materials similar to any of the foregoing, however denominated to you: The. terms “document” and “documents” ‘also inchide drafts of any documents and every copy of a document that is not an identical reproduction’ of the original, whether because it bears any hand-written words, markings, interlineations, alterations, revisions, changes, deletions, marginal comments, notations, or other thing that does not appear in or on the original, or because it otherwise differs in any way from the original document. The foregoing definition is not intended to be one of limitation, and the term “document” is to be given the broadest construction possible under the Texas Rules of Civil Procedure and decisions construing those rules. “Person” means any natural person, corporation, firm, associations, partnership, joint ‘venture, limited liability company, proprietorship, governmental body, or other form of organization, business, or legal entity. “Concerning” means referring to, relating to, describing, setting forth, evidencing, or constituting. “Commuaication” means any oral, written, or electronic communication of any kind. “Lawsuit” or “Litigation” refers to the lawsuit styled, Cause No, 2010-19717; KB Home Lone Star Inc., fik/a KB Home Lone Star, LP, v. Big State Excavations, Inc., Hartford Fire Ins. Co., and National Fire Ins. Co. of Hartford; In the 333" Judicial District Court of Harris County, Texas. ene or “property” refers to construction of the infrastructure in. Westgate Section 4 08/17/2011 03:41:38 PM 713-755-1451 Page 4/21 INTERROGATORIES INTERROGATORY NO. 1: Please state the name, address and tellephone number of the individual who responded to these interrogatories and each and every individual who assi:isted or provided ass ist in anc connection e with answering these interrogatories. ANSWER; INTERROGATORY NO. 2: If you contend that there was: an: alleged failure in the installation of the water, sanitary and drainage facilities of Westgate Section 16 which has made the basis of this la iwsul!it, please set forth in detail, the complete factual basis which supports any such contention. ANSWER: INTERROGATORY NO. 3: If you contend that Defendant, Big State was negli igent, please set forth with complete specificity the complete: factual basis which supports your contentions that: Defendant, Big: State, was negligent: 1 in fail to ing perform its work in 8 good and workmanlike manner; 2 infailing to properly install water, sanitary drainage facilities at Westgate Section 16; 3. in failing to properly supervise the work on the Health Center; 4 in failing to ensure that app: ropriate and proper materials, specifically thewater, sanitary drainage facilitiesat Westgate Section 16 was properly installed. ANSWER: INTERROGATORY NO. 4: If you contend that Defendant, Big State, did not comply with applicable building codes and standards for good and workmanlike construction with regards to the work Big State performe d and/or materials provided for the installation of the water, sanitary and drainage facilities of ‘Westgate Section 16 at issue in this lawsuit, please set forth with complete specificity each and every factual basis which supports your contention. ANSWER: INTERROGATORY NO. 5; If you contend ‘that Defendant, Big State, breached its contract with KB Home, please set forth with complete specificity each and every factual basis which supports your contention. ANSWER: 08/17/2011 03:41:38 PM 713-755-1451 Page 5/21 INTERROGATORY NO. 6: If you contend that Defendant, Big State, breached an express warranty pertaini to thengwork performed and/or materials provided for the installatiion of the water, sanitary and drainage facilities of Westgate Section 16 at issue in this lawsuit, please set forth with complete specifici ty each and every factual basis which supports your con! tention. ANSWER: INTERROGATORY NO. 7: Please describe in detail the nature of all repairs and improvements that you have made, consulted on, or provided engineering services to the installation of Utilities including paving of Westgate Section 16, including the name, address and telephone number, and specialty/trade of each person, contracting firm and/or subcontractor, or entity who conducted such repairs and improvements. ANSWER: INTERROGATORY NO. 8: With regard to any of the work and services identified in Interrogatory No. 7, please identify the approximate date or dates such work and services were conducted; and the total amount of money paid to you for each and such work. ANSWER: INTERROGATORY NO. 9: Please state the name, address and telephone number of any person you expect will be called to testify at the time of the trial. See TRCP 192.3(d). ANSWER: INTERROGATORY NO. 10: Do you, your attorneys, their agents, employees or representatives have any statements (oral or written) of this Defendant or any of its present or former ‘employees, agents, or representatives which pertain to any of the matt madeers the basis of this lawsuit? If so, please identify by name each person whose statement has been taken; and the name and address of the person who took or obtained each such statement. ANSWER: INTERROGATORY NO. 11: Please identify. by name, address, telephone number, and occupation each individual. and company who has inspected or tested the installation of utilities including paving of Westgate Section 16, who . has’ performed any ‘simulation ‘studies, experiments, recreations, or tests regarding the installation of the utilities including paving of Westgate Section 16, including the date and type of inspection. ANSWER: 08/17/2011 03:41:38 PM 713-755-1451 Page 6/21 INTERROGATORY NO. 12: Please state the name, address and telep! hone number of each and every consulting expert whose work, opinions, or impressions have been reviewed by a testifying expert. For each such consulting expert, describe his or her opinions and the factual information upon which the opinions are based. ANSWER: INTERROGATORY NO. 13: If you contend that \the work performed and/or materials provided by Big State for the installation of the water, sanitary and drainage facilitics of Westgate Section 16 violated any standard, code, or regulation, please identify the standards, codes, or regulations you claim were violated and state how they were violated. ANSWER: INTERROGATORY NO. 14: Please identify who. conducted any testing or analysis of the water, sanitary and drainage facilities of Westgate Section 16 prior to construction and installation o: f the paving, including when such testing or analysis occurred, and the results of same. ANSWER: INTERROGATORY NO. 15: Please identify what individuals and companies performed any of the repairs to the installation of utilities including paving of Westgate Section 16 from the date you ceased work on the project through the present. ANSWER: INTERROGATORY NO. 16: Please identify any work you performed at Westgate Section 16 that touched on, penetrated, i access to or may have affected the installation of the water, sanitary and drainage facilities of Westgate Section 16. ANSWER: INTERROGATORY NO. 17: Please identify any construction materials, samples of materials, products, and/or component parts in your possession that were used, evaluated, tested or inspected for use in the construction or repair of the utilities including paving of Westgatte Section 16 or collec and obtained ted during cleanup or repairs to Westgate Section 16. ANSWER: 08/17/2011 03:41:38 PM 713-755-1451 Page 7/21 INTERROGATORY NO. 18: Please identify any code, standard, regulation or specifications which Pertain to the engineering, construction and repair of the utilities including paving of Westga te Section 16. ANSWER: 08/17/2011 03:41:38 PM 713-755-1451 Page 8/21 REQU FOR ESPRODU TS CTION REQUEST FOR PRODUCTION NO. 1: Please produce color reproductions of any Photographs and electronic or video tape recordings in connection with the damages made the basis of this lawsuit or that are in any way material to any iss in this ue case. (Please produce any digital or electronic recordings on a CD or DVD). RESPONSE: REQUEST FOR PRODUCTION NO. 2: Please produce a copy of any and all recorded, handwritten or other statemen ts taken from the Defendant, Big State, or any of the Defendant’s agents or employees. RESPONSE: REQUEST FOR PRODUCTION NO. 3: Please produce all reports, investigations, inspections, or evaluations performed on the utilities at ‘Westgate Section 16 as a result of the incident made the basis of this lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 4: Please produce all reports, investigations, inspections or evaluations performed on the paving of Westgate Section 16 during its construction and prior to the date your work ceased on the project. REQUEST FOR PRODUCTION NO. 5: Please produce any tangible articles of evidence which were involved in the incident made the basis of this lawsuit, be it damaged property, or allegedly defected products or any other items of tangible evidence. RESPONSE: REQUEST FOR PRODUCTION NO. 6: Please produce copies of any and all settlement documents regarding any settlement that you have entered into with any party or non-parties arising out of the incident made the basis for this lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 7: Please produce any and all written or recorded statements by any witness to the incident or statements of any witness having knowledge of relevant facts made or obtained Prior to the date that suit was filed in this matter. RESPONSE: 08/17/2011 03:41:38 PM 713-755-1451 Page 9/21 REQUEST FOR PRODUCTION NO. 8: Please produce copies of any and all receipts, drawings, documents photographs, or any other tangible articles of evidence which relate to any subsequent construction, remodel and/or repairs done to the utilities mcluding paving at Westgate Section 16 by you. RESPONSE: REQUEST FOR PRODUCTION NO. 9: Please produce all letters, correspondence or other documents evidencing any written comimunication between the Plaintiff and you which pertain or relate to any of the matters which made the basis of this lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 10: Please produce any and all letters, correspondence or writings between the Plaintiff and any of this made the basis other party to this lawsuit, which pertain to or relate to any of the matters lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 11: Please produce any and all letters, correspondence or writings between you and any other party to this lawsuit, which pertain to or relate to any of the matters made the basis of this lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 12: Please produce: all appraisals, estimates or other writings which pertain, relate-or evidence expenses for repair to the alleged damage to the property made the basis of this lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 13: If you contend that Defendant, Big State,.was negligent, then please produce any and all documents, correspondence, written reports, diagrams, or any other documents which in any way supports your contentions: L in failing to perform its work in a good and workmanlike manner, 2. in failing to properly install the water, sanitary and drainage facilities at Westgate Section 16; 3. in failing to properly supervise the work on the water, sanitary and drainage facilities of Westgate Section 16; in failing to ensure that appropriate and proper materials, Westgate Section 16, were properly installed at Westgate Section 16; in failing to select appropriate and qualified contractors to provide labor and materials for the construction of the water, sanitary and drainage facilities of Westgate Section 16; 10 08/17/2011 03:41:38 PM 713-755-1451 Page 10/21 in failing to comply with the standards and buildining , codes that applied to the construction of the water, sanitary and drainage facilities of Westgate Section 16; and in failing to act as reasonable contractors and/or suppliers would have done under the same or similar circumstances. RESPONSE: REQUEST FOR PRODUCTION NO. 14: If you contend that Big State did not comply with applicable building codes and standards for good and workmanlike construction with re; gards to the work Big State’ performed. and/or materials provided for the construction of the ‘water, sanitary and drainage facilitie s of‘Westgate Section 16 at issue in this lawsuit, then please prod uce any and all documents, correspondence; written reports, diagrams, or any other documents which in any way supports your contention. RESPONSE: REQUEST FOR PRODUCTION NO. 15: If you contend that the work performed and/or materials provided by Big State for installation of the water, sanitary and drainage facilities of Westgate Section 16 violated any standar d, code, or regulation, then please produce any and all documents, correspondence, written Teports, diagrams, or any other documents. which in any way supports your contention. RESPONSE: REQUEST FOR PRODUCTION NO. 16: If you contend that the Defendant, Big State, breached its contract with KB Home Lone Star, Inc., for the construction of the water, sanitary and drainage facilities at Westgate Section 16 at issue in this lawsuit, then please produce any and all documents, correspondence, written reports, diagrams, or any other docwhich ume in anyntsway supports your contention. RESPONSE: REQUEST FOR PRODUCTION NO. 17: If you contend that Defendant, Big State, breached an express warranty pertaining to the work performed and/or materials provided for the construction’ of the water, sanitary and draina ge facilities of Westgate Section. 16 at issue in this lawsuit, then Please produce ‘any. and all documents, correspondence, written reports, diagrams, or any other documents which in any way supports your contention. RESPONSE: REQUEST FOR PRODUCTION NO. 18: If you contend that the water, sanitary, and drainage facilities: at- Westgate Section 16..was installed defectively, then please produce any and all documents, correspondence, . written reports, diagrams, or any other documents which in any way supports your contention. RESPONSE: 11 08/17/2011 03:41:38 PM 713-755-1451 Page 11/21 REQUEST FOR PRODUCTION NO. 19: Please produce all records, documents, letters, correspondence or other writings which pertain or relate to any complaints and allegations made by the Plaintiff to you conceming alleged construction defects and damages with regard to the utilities including paving of Westgate Section 16. RESPONSE: REQUEST FOR PRODUCTION NO. 20: Please produce all written specifications pertaining to the utilities at Westgate Section 16 which is the subject of this lawsuit, specifically including, but not limited to written specifications pertaining to the paving. RESPONSE: REQUEST FOR PRODUCTION NO. 21: Please produce all plans, drawings, specifications, or other writings which pertain, relate, or evidence any alteration, niodification, upgrade, or other improvements made-to the utilities including paving of Westgate Section 16 which is the subject of this lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 22: Please produce true and correct copies of any blue prints, construction drawings, specifications, architecture specifications, engineering reports or other documents associated with construction of the property made the basis of this lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 23: Please produce all engineering or architect plans, drawings or specifications pertaining to any repairs, proposed or made to the utilities including paving of Westgate Section 16. RESPONSE: REQUEST FOR PRODUCTION NO. 24: Please produce all building permits which pertain or relate to any construction and repairs made to the utilities including paving of Westgate Section 16 made the basis of this lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 25: Please produce a true and correct copy of any and all insurance policies which in any way apply to and/or cover the claims asserted in this lawsuit pursuant to Defendants Request for Disclosure. RESPONSE: 12 08/17/2011 03:41:38 PM 713-755-1451 Page 12/21 REQUEST FOR PRODUCTION NO. 26: Please produce’ all letters, correspondence, proof of claim forms, denials of coverage, reservations of rights, payments of claims, or other writings and communications from your ingurer(s) with regards'to any claim or loss arising out of or pertaining to possible insurance coverage for the damages made the basis of this lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 27: Please produce a true and correct copy of all building codes, standards or ordinances that you contend relate to or govern the construction of the property which is the subject of this lawsuit. RESPONSE: REQUEST FOR PRODUCTION NO. 28: Please produce ‘all letters, correspondence or other writings which pertain or relate to any expressed warranty furnished or provided to Plaintiff by. you or any other party in connection with the construction of the utilities including paving of Westgate Section 16. RESPONSE: REQUEST FOR PRODUCTION NO. 29: Please produce all letters, correspondence or other writings which pertain or relate to any expressed warranty furnished or provided to Plaintiff by you or any other party in comection with the construction of any consponent of the utilities including paving of Westgate Section 16 that Plaintiff contends was damaged. RESPONSE: REQUEST FOR PRODUCTION NO. 30: Please produce the entire contents of any and all files and/or any and all documents prepared by any individual or entity who inspected the utilities including paving at Westgate Section 16 in an effort to determine the cause or the extent of any problems and damage associated with the property including notes, correspondence, reports, invoices or other documents. RESPONSE: REQUEST FOR PRODUCTION NO. 31: Please produce a true and correct copy of any contract in. your possession regarding the construction and repairs to the utilities including paving of Westgate Section 16. RESPONSE: REQUEST FOR PRODUCTION NO. 32: Please produce ‘any research, data, correspondence, photographs, video, electronic recording, memoranda, or other documentation you intend to use as an exhibit or demonstrative aid at the time of trial. 13 08/17/2011 03:41:38 PM 713-755-1451 Page 13/24 RESPONSE: rey FOR PRODUCTI Were Involved With ON No, any and all document 33; s which Purport to the design of the Utilit show al iesincluding Paving l entiti Par ortpeirson esswho of West,tgate Sectio RESPONSE: n 16. REQUEST FoR PROD UC easeproduce any and TION NO. 34: all docum: and/or receiy, red by ecifically incl initial construct; ‘on you sent from or © and email, and subsequent repa sent to JA 16. ir of the utilities in HO and/or Plaintisy. ch Paving ofWestga te Section RESPONSE: REQUEST FOR PROD Please produce any an UCTION NO, 35: d all ts ay repairs to the utilit the i construction, in ies including Paving . stallation, testing of Westgate S ection 16. and RESPONSE; REQUEST FO! R PR Please ODUCTION NO. 36: any and all docu and/or repairs to any men ts regarding th utilities includin, 8 Pa e desi cor ving of Westgate installation, testing Section 16, RESPONSE REQUEST FOR PR ODUCTION No. 37: ciluce any.ind all docu State’s Tht ments, materials, etc, de scribed or identi fied in Tesponse to Big RESPONSE: 14 08/17/2011 03:41:38 PM 713-755-1451 Page 14/21 REQFOR UDIS ECLO SSUR TES @ ‘The correct names of the parties to this lawsuit. RESPONSE: (b) The name, address and telephone number of any potentialparties, RESPONSE: ©) The legal theories and, in general, the factu al bases of the defenses (the responding party need not marshal i ’s claims or all evidence that may be » ffered at trial), RESPONSE: @ The amount and any method of calculating economic damages. SPONSE: © The name, address and telephone number of persons having knowledge of relevant facts, and state each person’s comnectio:mn with the case. RESPONSE: @ For any testifying expert: (1) The expert’s name, address and tel lephone number; Q) The subj matterec on which tthe expert will testify; @) The general substance of the expert's mental impr essions and opinions and a brief summary of the basis for them, or if the expert is dot retained by, employed by, or otherwise, subject to the control of documents reflecting such information; the responding party, @ If the expertis retained by, employed by or otherwise subject to the control of theresponding party; A) All documents, tangible things, Teporis, models, or data compilations that have been provided to , revie wed by, or prepared by or for theex, ‘pert in anticipation of’the expert’s testimony; and B) The expert’s current resume and bibli lography. RESPONSE: (g) _Any indemnity and insuring agreements described in Rule 192.3(f). RESPONSE; 15 713-755-1451 Page 15/21 08/17/2011 03:41:38 PM (h) Any settlement agreements described in Rule 192.3(g). RESPONSE: @ Any witness statements described in Rule 192.3(h). RESPONSE: @ Ina suit alleging physical or mental injury and damages for the occurrence that is the subject of the.case, all medical records and bills that are reasonably related to the injuries or asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills. RESPONSE: ®) In a suit alleging physical or mental injury and damages for the occurrence that is the subject of the’ case, all medical records and bills ‘that are reasonably related to the injuries or asserted or, in liew thereof, an authorization permitting the disclosure of such medical records and bills. RESPONSE: as a @ The name, address, and telephone number of any person who may be designated responsible third party. RESPONSE: 16 713-755-1451 Page 16/21 08/17/2011 03:41:38 PM Fed 14 Merch 22 P1:27 EDiounteast019 PIPKIN 13201 Houston, Teuss 77010. OO FERGUSON |e ttc pe TI3.961.3790 £7 13.961.5438 Aflurueys wt Law pipkingerguses.com, March 22, 2011 CERTIFICATE OF WRITTEN DISCOVERY ‘Mr. Chris