The parties were ordered to produce Scott Schedules. A Scott Schedule performs the function of particulars, giving definition to the pleadings and therefore to the relevance of questions on discovery. The order specified that the defendant had to identify separately all deficiencies, incomplete work, and work omitted by agreement with a detailed description of each item. The defendant stated that it was unable to fully comply with the order because it had hired a replacement contractor to correct all deficiencies and complete the work and did not get a breakdown of the various deficiencies and completion items. The plaintiff requested an order, upon which the judge agreed, prohibiting the defendant from advancing any new claims for deficiencies without leave. That order could have been far more stringent.
Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.