“The contract between the parties required Plaintiff to obtain Defendant’s written approval/to give written notice to Defendant in order to be paid for changed or additional work that she performed. Defendant claims that Plaintiff failed to comply with the contract’s written approval/notice requirements, and that therefore Plaintiff is not entitled to payment for the changed or additional work that she performed. Plaintiff claims that he was not required to comply with the contract’s written approval/notice requirement because Defendant gave up her right to insist on written approval/notice. Giving up a contract right is called a “waiver.” To succeed on this waiver claim, Plaintiff must prove by clear and convincing evidence that Defendant freely and knowingly gave up his right to require Plaintiff to follow the contract’s written approval/notice requirements. A waiver may be oral or written or may arise from conduct that shows Defendant clearly gave up that right.”
[CACI Jury Instructions [citations omitted]]
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