4510. Breach Of Implied Covenant Perform Work Good Competent Manner Essential Factual Elements

4510. Breach of Implied Covenant to Perform Work in a Good and Competent Manner--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] failed to [perform the work for the [project/describe construction project, e.g., kitchen remodeling] competently/ [or] use the proper materials for the [project/ e.g., kitchen remodeling]]. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] failed to [perform [his/her/its] work competently/ [or] provide the proper materials] by [describe alleged breach, e.g., failing to apply sufficient coats of paint or failing to complete the project in substantial conformity with the plans and specifications]; and That [name of plaintiff] was harmed by [name of defendant]'s failure. 2. ________________________________________________________________________________ New December 2010; Revised June 2011, December 2014