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CA · jury_instructions

CACI No. 4532

Owner’s Damages for Breach of Construction

activein force · 2025-01-01 – presentcompiled-edition

Contract—Liquidated Damages Under Contract for Delay

[Name of plaintiff] claims that [name of defendant] breached the parties’

contract by failing to [substantially] complete the [project/ describe

construction project, e.g., apartment building] by the completion date

required by the contract. If you find that [name of plaintiff] has proven

this claim, the parties’ contract calls for damages in the amount of

$ for each day between [insert contract completion date] and the

date on which the project was [substantially] completed. Y ou will be

asked to find the date on which the project was [substantially]

completed. I will then calculate the amount of damages.

[If you find that [name of plaintiff] granted or should have granted time

extensions to [name of defendant], you will be asked to find the number of

days of the time extension and add these days to the completion date set

forth in the contract. I will then calculate [name of plaintiff]’s total

damages.]

New December 2010; Revised December 2011

Provenance

Source
courts.ca.gov
Retrieved
2026-08-20
Edition
caci-2025
Content hash
968eb4594b0dae4029e8f2348ab672290d09ea84a2002031345bce570e0f5b22
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