4522. Waiver of Written Approval or Notice Requirements for Changed or Additional Work

4522. Waiver of Written Approval or Notice Requirements for Changed or Additional Work Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 The contract between the parties required [name of plaintiff] [to obtain [name of defendant]'s written approval/to give written notice to [name of defendant]] in order to be paid for changed or additional work that [he/she/it] performed. [Name of defendant] claims that [name of plaintiff] failed to comply with the contract's [written approval/notice] requirements, and that therefore [name of plaintiff] is not entitled to payment for the changed or additional work that [he/she/it] performed. [Name of plaintiff] claims that [he/she/it] was not required to comply with the contract's [written approval/notice] requirement because [name of defendant] gave up [his/her/its] right to insist on [written approval/notice]. Giving up a contract right is called a "waiver." To succeed on this waiver claim, [name of plaintiff] must prove [by clear and convincing evidence] that [name of defendant] freely and knowingly gave up [his/her/its] right to require [name of plaintiff] to follow the contract's [written approval/notice] requirements. A waiver may be oral or written or may arise from conduct that shows [name of defendant] clearly gave up that right. ________________________________________________________________________________ New December 2010;