4511. Affirmative Defense Contractor Followed Plans and Specifications

4511. Affirmative Defense--Contractor Followed Plans and Specifications Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] failed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]]. [Name of defendant] claims that [he/she/it] followed the plans and specifications and that [specify alleged defect in the work or materials] was because of the plans and specifications that [name of plaintiff] provided to [name of defendant] for the project. To succeed on this defense, [name of defendant] must prove all of the following: 1. 2. 3. 4. That [name of plaintiff] provided [name of defendant] with the plans and specifications for the project; That [name of plaintiff] required [name of defendant] to follow the plans and specifications in constructing the project; That [name of defendant] substantially complied with the plans and specifications that [name of plaintiff] provided for the project; and That [specify alleged defect in the work and/or deficiency in performance] was because of [name of defendant]'s use of the plans and specifications. ________________________________________________________________________________ New December 2010