CACI No. 4502

Within Owner’s Control—Essential Factual Elements

In every construction contract, it is understood that the owner will

provide access to the project site and do those things within the owner’s

control that are necessary for the contractor to reasonably and timely

perform its work. [Name of plaintiff] claims that [name of defendant]

breached the contract by [specify what owner failed to do, e.g., failing to

procure a disposal permit for hazardous materials]. To establish this claim,

[name of plaintiff] must prove all of the following:

1. That [name of plaintiff] could not reasonably or timely perform

[his/her/nonbinary pronoun /its] work without [insert short name for

item, e.g., a disposal permit];

2. That [name of defendant] knew or reasonably should have known

that [e.g., a disposal permit] was necessary for [name of plaintiff] to

reasonably and timely perform the work;

3. That [name of defendant] had the ability to [e.g., procure a disposal

permit];

4. That [name of plaintiff] could not [e.g., obtain a disposal permit]

without [name of defendant]’s assistance;

5. That [name of defendant] failed to [e.g., procure a disposal permit]

in a timely manner; and

6. That [name of plaintiff] was harmed by [name of defendant]’s

failure.

New December 2010; Revised June 2011