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341 W 2nd St, Ste 4, San Bernardino, CA 92401

“Plaintiff claims that Defendant breached the parties’ contract by delaying/disrupting/interfering with Plaintiff’s work, causing Plaintiff’s work to be less efficient than it would have been. If you find that Defendant delayed/disrupted/interfered with Plaintiff’s work, you may award damages to Plaintiff for all harm caused by the delay/disruption/interference. You may also award damages for lost profits that Plaintiff would have received from other jobs but for the delay/disruption/interference. To recover damages for lost profits, Plaintiff must prove the following: 1. That it is reasonably certain that Plaintiff would have earned those profits but for Defendant’s delay/disruption/interference; and 2. That it was actually foreseen/reasonably foreseeable at the time the parties entered into the contract that Plaintiff would have earned those profits. The amount of lost profits must be proved to a reasonable certainty. Damages for lost profits that are speculative or remote cannot be recovered.”

[CACI Jury Instructions [citations omitted]]

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Post Author: lawofficesofjamesrdickinson