CACI VF-4510 Breach of Implied Covenant to Perform Work in a Good and Competent Manner—Affirmative Defense—Contractor Followed Plans and Specifications
California Civil Jury Instructions CACI
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]?
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?
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, answer question 7.
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. 4510, Breach of Implied Covenant to Perform Work in a Good and Competent Manner—Essential Factual Elements, and CACI No. 4511, Affirmative 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.