“Plaintiff claims that Defendant breached the parties’ contract by increasing or changing the scope of the project beyond what was required by the contract. Plaintiff, therefore, seeks to recover the total cost of all of his work on the project. In order to recover the total cost of all of his work, Plaintiff must prove all of the following: 1. That the scope of work under the original contract had been altered by the changes so much that the final project was significantly different from the original project; 2. That because of the scope of the changes, it is not practical to prove the actual additional costs caused by each change demanded by Defendant; 3. That Plaintiff’s original bid that was accepted by Defendant was reasonable; 4. That Plaintiff’s actual costs were reasonable; and 5. That Plaintiff was not responsible for incurring the additional costs. If you find that Plaintiff has established all of the above, determine Plaintiff’s damages by subtracting the contract price from the total cost of Plaintiff’s performance of the work.”
[CACI Jury Instructions [citations omitted]]
