CA · jury_instructions
CACI No. 4552
Affirmative Defense—Work Completed and
Accepted—Patent Defect
[Name of plaintiff] claims that [his/her/ nonbinary pronoun] 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/ nonbinary
pronoun/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. That [name of defendant] completed all of [his/her/ nonbinary
pronoun/its] work on the project;
2. That [name of owner] accepted [name of defendant]’s work; and
3. That an average person during the course of a reasonable
inspection would have discovered the defect.
New December 2013
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2025
- Content hash
2170a6d8ea2a0e294f4a6c6c43dd8d1c366bd0feef7649bd1db4e8802bd50ccd
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