“Plaintiff claims that he was harmed because Defendant failed to disclose important information regarding [e.g., tidal conditions at the project site]. To establish this claim, Plaintiff must prove all of the following: 1. That Plaintiff submitted his
bid or agreed to perform without information regarding [e.g., tidal conditions] that materially affected performance costs; 2. That Defendant had this information, and was aware that Plaintiff did not know it and had no reason to obtain it; 3. That Defendant failed to provide this information; 4. That the contract plans and specifications or other information furnished by Defendant to Plaintiff misled Plaintiff or did not put him on notice to investigate further; 5. That Plaintiff was harmed because of Defendant’s failure to disclose the information. Plaintiff does not have to prove that Defendant intended to conceal the information.”
[CACI Jury Instructions [citations omitted]]
