CACI No. VF-4500. Owner’s Failure to Disclose Important Information Regarding Construction Project
Judicial Council of California Civil Jury Instructions (2023 edition)
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VF-4500.Owner’s Failure to Disclose Important Information
Regarding Construction Project
We answer the questions submitted to us as follows:
1. Did [name of plaintiff] submit [his/her/nonbinary pronoun/its] bid
or agree to perform without information regarding [e.g., tidal
conditions] that materially affected performance costs?
1. Yes No
1. If your answer to question 1 is yes, then answer question 2. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
2. Did [name of defendant] have this information?
2. Yes No
2. If your answer to question 2 is yes, then answer question 3. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
3. Was [name of defendant] aware that [name of plaintiff] did not
know this information and had no reason to obtain it?
3. Yes No
3. If your answer to question 3 is yes, then answer question 4. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
4. Did [name of defendant] fail to provide this information to [name
of plaintiff]?
4. Yes No
4. If your answer to question 4 is yes, then answer question 5. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
5. Did the contract plans and specifications or other information
furnished by [name of defendant] to [name of plaintiff] either
mislead [him/her/nonbinary pronoun/it] or fail to put [him/her/
nonbinary pronoun/it] on notice to investigate further?
5. Yes No
5. If your answer to question 5 is yes, then answer question 6. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
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6. Was [name of plaintiff] harmed because of [name of defendant]’s
failure to disclose the information?
6. Yes No
6. If your answer to question 6 is yes, then answer question 7. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
7. What are [name of plaintiff]’s damages? $
Signed: Presiding Juror
Dated:
After [this verdict form has/all verdict forms have] been signed, notify
the [clerk/bailiff/court attendant] that you are ready to present your
verdict in the courtroom.
New December 2015
Directions for Use
This verdict form is based on CACI No. 4501, Owner’s Liability for Failing to
Disclose Important Information Regarding a Construction Project - Essential
Factual Elements.
The special verdict forms in this section are intended only as models. They may
need to be modified depending on the facts of the case.
If different categories or items of damages are claimed, expand question 7 so that
the jury can state a separate amount for each category. (See CACI Nos. 4540-4544,
Contractor’s Damages.) In this way, should a reviewing court determine that a
particular item of damages is not recoverable, it can reduce the judgment by the
amount awarded for that item rather than have to send the case back for a retrial of
damages.
If there are multiple causes of action, users may wish to combine the individual
forms into one form. If different damages are recoverable on different causes of
action, replace the damages tables in all of the verdict forms with CACI No. VF-
3920, Damages on Multiple Legal Theories.
VF-4501-VF-4509. Reserved for Future Use
VF-4500 CONSTRUCTION LAW
1344
© Judicial Council of California.
