4532. Owner's Damages for Breach of Construction Contract-- Liquidated Damages Under Contract for Delay Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] breached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 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. You 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