VF 4510. Breach Of Implied Covenant Work Competent Affirmative Defense Followed Plans | Pdf Doc Docx | Jury Instructions

 California Jury Instructions   45 Construction Law 
VF 4510. Breach Of Implied Covenant Work Competent Affirmative Defense Followed Plans | Pdf Doc Docx | Jury Instructions

Last updated: 10/23/2020

VF 4510. Breach Of Implied Covenant Work Competent Affirmative Defense Followed Plans

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VF-4510. Breach of Implied Covenant to Perform Work in a Good and Competent MannerAffirmative DefenseContractor Followed Plans and Specifications Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 We answer the questions submitted to us as follows: 1.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]? ____Yes ____No 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? ____Yes ____No 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? ____Yes ____No 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? VF-4510. Breach of Implied Covenant to Perform Work in a Good and Competent MannerAffirmative DefenseContractor Followed Plans and Specifications Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 ____Yes ____No If your answer to question 4 is yes, then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? ____Yes ____No 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? ____ Yes ____ No 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, then answer question 7. 7. Signed: Dated: After [this verdict form has/all verdict forms have] been signed, notify the What are [name of plaintiff]'s damages? Presiding Juror $ VF-4510. Breach of Implied Covenant to Perform Work in a Good and Competent MannerAffirmative DefenseContractor Followed Plans and Specifications 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 [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom. ________________________________________________________________________________ New December 2015

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