4550. Affirmative Defense--Affirmative Defense Statute of Limitations Latent Construction Defect (Code Civ. Proc., § 337.15) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] contends that [name of plaintiff]'s lawsuit was not filed within the time set by law. To succeed on this defense, [name of defendant] must prove that the date on which the [construction project/survey of real property/[specify project, e.g., roof replacement]] was substantially complete was more than 10 years before [insert date], the date on which this action was filed. ________________________________________________________________________________ New December 2011