“Plaintiff claims that Defendant failed to perform the work for the project or use the proper materials for the project. Defendant claims that she followed the plans and specifications and that [alleged defect in the work or materials] was because of the plans and specifications that Plaintiff provided to Defendant for the project. To succeed on this defense, Defendant must prove all the following: 1. That Plaintiff provided Defendant with the plans and specifications for the project; 2. That Plaintiff required Defendant to follow the plans and specifications in constructing the project; 3. That Defendant substantially complied with the plans and specifications that Plaintiff provided for the project; and 4. That alleged defect in the work and/or deficiency in performance was because of Defendant’s use of the plans and specifications.”
[CACI Jury Instructions [citations omitted]]
