California Civil Jury Instructions (CACI) (2017)

VF-4510. Breach of Implied Covenant to Perform Work in a Good and Competent Manner—Affirmative Defense—Contractor Followed Plans and Specifications

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VF-4510.Breach of Implied Covenant to Perform Work in a Good
and Competent Manner—Affirmative Defense—Contractor
Followed Plans and Specifications
We answer the questions submitted to us as follows:
1. Did [name of defendant] fail to [specify alleged defect in the work
and/or deficiency in performance]?
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. Was [name of plaintiff] harmed by [name of defendant]’s failure?
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. Did [name of plaintiff] provide [name of defendant] with the plans
and specifications for the project?
3. Yes No
3. If your answer to question 3 is yes, then answer question 4. If
you answered no, skip questions 4, 5, and 6 and answer question
7.
4. Did [name of plaintiff] require [name of defendant] to follow the
plans and specifications in constructing the project?
4. Yes No
4. If your answer to question 4 is yes, then answer question 5. If
you answered no, skip questions 5 and 6 and answer question 7.
5. Did [name of defendant] substantially comply with the plans and
specifications?
5. Yes No
5. If your answer to question 5 is yes, then answer question 6. If
you answered no, skip question 6 and answer question 7.
6. Was [specify alleged defect in the work and/or deficiency in
performance] because of [name of defendant]’s use of the plans
and specifications?
6. Yes No
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6. If your answer to question 6 is yes, stop here, answer no further
questions, and have the presiding juror sign and date this form.
If you answered no, answer question 7.
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. 4510, Breach of Implied Covenant to
Perform Work in a Good and Competent Manner—Essential Factual Elements, and
CACI No. 4511, Affırmative Defense—Contractor Followed Plans and
Specifications. Questions 3–6 address the affirmative defense.
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. 4530–4532,
Owner’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-4511–VF-4519. Reserved for Future Use
CONSTRUCTION LAW VF-4510
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VF-4520..Contractor’s Claim for Changed or Extra
Work—Owner’s Response That Contract Procedures Not
Followed—Contractor’s Claim of Waiver
We answer the questions submitted to us as follows:
1. Did [name of plaintiff] perform [changed/ [or] extra] work that
was [not included in/ [or] in addition to that required under] the
original contract?
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] direct [name of plaintiff] to perform this
[changed/ [or] extra] work?
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 plaintiff] harmed because [name of defendant]
required this [changed/ [or] extra] work?
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 plaintiff] follow the change-order requirements
included in the parties’ contract?
4. Yes No
4. If your answer to question 4 is yes, skip question 5 and answer
question 6. If you answered no, then answer question 5.
5. Did [name of defendant] freely and knowingly give up [his/her/its]
right to require [name of plaintiff] to follow the contract’s
change-order requirements?
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. 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. 4520, Contractor’s Claim for Changed or
Extra Work, CACI No. 4521, Owner’s Claim That Contract Procedures Regarding
Change Orders Were Not Followed, and CACI No. 4522, Waiver of Written
Approval or Notice Requirements for Changed or Additional Work. Question 4
addresses the owner’s claim that contract requirements were not followed; question
5 addresses the contractor’s response that the owner waived compliance. Waiver
may only be asserted in a private contract case. (See P&D Consultants, Inc. v. City
of Carlsbad (2010) 190 Cal.App.4th 1332, 1344 [119 Cal.Rptr.3d 253] [public
contract change-order requirements not subject to oral modification or modification
by conduct].)
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 6 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-4521–VF-4599. Reserved for Future Use
CONSTRUCTION LAW VF-4520
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