“In every construction contract, it is understood that the owner will provide access to the project site and do those things within the owner’s control that are necessary for the contractor to reasonably and timely perform its work. Plaintiff claims that Defendant breached the contract by [e.g., failing to procure a disposal permit for hazardous materials]. To establish this claim, Plaintiff must prove all of the following: 1. That Plaintiff could not reasonably or timely perform his work without [e.g., a disposal permit]; 2. That Defendant knew or reasonably should have known that [e.g., a disposal permit] was necessary for Plaintiff to reasonably and timely perform the work; 3. That Defendant had the ability to [e.g., procure a disposal permit]; 4. That Plaintiff could not [e.g., obtain a disposal permit] without Defendant’s assistance; 5. That Defendant failed to [e.g., procure a disposal permit] in a timely manner; and 6. That Plaintiff was harmed by Defendant’s
failure.”
[CACI Jury Instructions [citations omitted]]
