First Request for Production of Documents
(Contractor to Owner) (Construction)

Summary

This request for the production of documents can be used by a contractor to request the production or inspection of documents and tangible items from a project owner in a construction litigation case. This template includes practical guidance and drafting notes. Document requests, also called requests for production (RFPs), are written requests served between parties in civil litigation seeking production of relevant documents and electronically stored information (ESI). Although a construction project often generates volumes of reports and communications with detained information, project owners do not generally create or maintain as many records as either the owner's architect or the contractor. Some of the sample RFPs here may be aimed at designer or other owner consultant's documents or information or reports that the designer had provided to the owner. For example, an owner may have retained an engineer to survey and report on the ability of the site conditions to support the proposed construction. Site conditions have a significant influence on a contractor's bid price. This sample RFP is intended for use as an initial request. If the owner responds as requested, the contractor will have sufficient documents to target in greater detail additional necessary documents in subsequent requests. For a full listing of key content covering dispute resolution in construction, see Construction Dispute Resolution Resource Kit. For a template that a project owner can use to request documents from a contractor, see First Request for Production of Documents (Owner to Contractor) (Construction). For additional construction resources see Construction Resource Kit.