“The contract between the parties provided for certain procedures that had to be followed if Plaintiff wanted to be paid for changed or additional work that was not required by the contract. These procedures are called “change-order requirements.” Plaintiff seeks additional compensation beyond that provided for in the contract for [specify, e.g., fill and grading] because [specify, e.g., the soil conditions at the project site were not as represented]. Defendant claims that Plaintiff failed to comply with the contract’s change-order requirements, and that therefore he is not entitled to payment for the changed or additional work that he performed. To obtain additional compensation, Plaintiff must prove that he [followed/was excused from having to follow] the change-order requirements.”
[CACI Jury Instructions [citations omitted]]
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