4501. Owner's Liability for Failing to Disclose Important Information Regarding a Construction Project--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she/it] was harmed because [name of defendant] failed to disclose important information regarding [specify information that defendant failed to disclose or concealed, e.g., tidal conditions at the project site]. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of plaintiff] submitted [his/her/its] bid or agreed to perform without information regarding [e.g., tidal conditions] that materially affected performance costs; That [name of defendant] had this information, and was aware that [name of plaintiff] did not know it and had no reason to obtain it; That [name of defendant] failed to provide this information; That the contract plans and specifications or other information furnished by [name of defendant] to [name of plaintiff] misled [name of plaintiff] or did not put [him/her/it] on notice to investigate further; That [name of plaintiff] was harmed because of [name of defendant]'s failure to disclose the information. 2. 3. 4. 5. [Name of plaintiff] does not have to prove that [name of defendant] intended to conceal the information. ________________________________________________________________________________ New December 2010; Revised June 2011