4521. Owners Claim That Contract Procedures Regarding Change Orders Were Not Followed

4521. Owner's Claim That Contract Procedures Regarding Change Orders Were Not Followed Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 The contract between the parties provided for certain procedures that had to be followed if [name of plaintiff] wanted to be paid for changed or additional work that was not required by the contract. These procedures are called "change-order requirements." [The change-order requirements of the contract provide as follows: [specify].] [Name of plaintiff] seeks additional compensation beyond that provided for in the contract for [specify, e.g., fill and grading] because [specify, e.g., the soil conditions at the project site were not as represented]. [Name of defendant] claims that [name of plaintiff] failed to comply with the contract's change-order requirements, and that therefore [he/she/it] is not entitled to payment for the changed or additional work that [he/she/it] performed. To obtain additional compensation, [name of plaintiff] must prove that [he/she/it] [followed/was excused from having to follow] the change-order requirements. ________________________________________________________________________________ New December 2010