4500. Breach of Implied Warranty of Correctness of Plans and Specifications Essential Factual Elements

4500. Breach of Implied Warranty of Correctness of Plans-- Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] provided plans and specifications for the [project/describe construction project, e.g., kitchen remodeling] that were not correct. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] provided [name of plaintiff] with plans and specifications for [name of defendant]'s [short name for project, e.g., remodeling] project; That [name of plaintiff] was required to follow the plans and specifications provided by [name of defendant] in [bidding on/ [and] constructing] the [e.g., remodeling] project; That [name of plaintiff] reasonably relied on the plans and specifications for the [e.g., remodeling] project; That the plans and/or specifications provided by [name of defendant] were not correct; and That [name of plaintiff] was harmed because the plans or specifications were not correct. 2. 3. 4. 5. ________________________________________________________________________________ New December 2010; Revised June 2011