4552. Affirmative Defense Work Completed and Accepted Patent Defect

4552. Affirmative DefenseWork Completed and AcceptedPatent Defect Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [his/her] harm was caused by a defect in the [design/specifications/surveying/planning/supervision/ [or] observation] of [a construction project/a survey of real property/[specify project, e.g., the roof replacement]]. [Name of defendant] contends that [he/she/it] is not responsible for the defect because the project was completed and the work was accepted by [name of owner]. To succeed on this defense, [name of defendant] must prove all of the following: 1. 2. 3. That [name of defendant] completed all of [his/her/its] work on the project; That [name of owner] accepted [name of defendant]'s work; and That an average person during the course of a reasonable inspection would have discovered the defect. ________________________________________________________________________________ New December 2013