4544. Contractor's Damages for Breach of Construction Contract-- Inefficiency Because of Owner Conduct Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] breached the parties' contract by [delaying/disrupting/ [or] interfering with] [name of plaintiff]'s work, causing [name of plaintiff]'s work to be less efficient than it would have been. If you find that [name of defendant] [delayed/disrupted/ [or] interfered with] [name of plaintiff]'s work, you may award damages to [name of plaintiff] for all harm caused by the [delay/disruption/ [or] interference]. You may also award damages for lost profits that [name of plaintiff] would have received from other jobs but for the [delay/disruption/ [or] interference]. To recover damages for lost profits, [name of plaintiff] must prove the following: 1. That it is reasonably certain that [name of plaintiff] would have earned those profits but for [name of defendant]'s [delay/disruption/ [or] interference]; and That it was [actually foreseen/reasonably foreseeable] at the time the parties entered into the contract that [name of plaintiff] would have earned those profits. 2. The amount of lost profits must be proved to a reasonable certainty. Damages for lost profits that are speculative or remote cannot be recovered. ________________________________________________________________________________ New December 2010