DISCOVERY IN CONSTRUCTION CASES

1. Start your discovery before filing suit with your client=s documents
   1. Conduct discovery of your client=s documents like you would conduct discovery of your opponents documents
   2. The items you will request depend upon the matters in dispute, but might include  .  .  .
   3. Ask you client the same tough questions that you would ask your opponent
   4. Ask your client to make an accounting of his damages
2. When your client's claims are against government entities, consider use of laws providing access to public records as a means of discovery prior to filing suit
   1. The Texas Open Records Act
   2. The Freedom of Information Act
   3. Records accessible under these laws that might be pertinent to your client's claims could include  .  .  .
3. Encourage use of settlement and claims conferences as expeditious means of obtaining and providing information regarding the dispute
4. Documents to consider when representing Contractors against Owners  .  .  .

Appendix I: Sample Texas Open Records Act Request

Appendix II: Sample Freedom of Information Act Request

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