CACI VF-4500 Owner’s Failure to Disclose Important Information Regarding Construction Project
California Civil Jury Instructions CACI
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?
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.Did [name of defendant] have this information?
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.Was [name of defendant] aware that [name of plaintiff] did not know this information and had no reason to obtain it?
Yes No
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]?
Yes No
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?
Yes No
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.
6.Was [name of plaintiff] harmed because of [name of defendant]’s failure to disclose the information?
Yes No
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?$
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.
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.