CA · jury_instructions
CACI No. 4522
Waiver of Written Approval or Notice Requirements for
Changed or Additional Work
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/nonbinary pronoun/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/ nonbinary pronoun/it] performed. [Name of
plaintiff] claims that [he/she/ nonbinary pronoun/it] was not required to
comply with the contract’s [written approval/notice] requirement because
[name of defendant] gave up [his/her/ nonbinary pronoun/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/ nonbinary pronoun/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; Revised June 2011
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2025
- Content hash
6121454d2f43fb264a3b4008bf8893eae5d4c52b88aa105ce92b107b180818ae
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