Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:03-cv-02669-MSK-PAC

Document 331-15

Filed 03/31/2006

Page 1 of 3

Form __: IN THE UNITED STATES DISTRICT COURT OF COLORADO ________________________________________________________________________ Case No. ________________________________________________________________________

Plaintiff, v.

Defendants. ________________________________________________________________________ SPECIAL VERDICT FORM ON BIG-D CALIFORNIA' BREACH OF S CONTRACT CLAIM AGAINST LEPRINO You are instructed to answer the following questions. You must agree on your answer to each question and you must all sign the completed form on the signature lines. We, the jury, present our Answers to Questions submitted by the Court, to which we have all agreed: 1. Do you find that Leprino failed to pay Big-D California the outstanding contract balance as required by the Contract? (Yes or No) ANSWER: _______ 2. Do you find that Leprino failed to pay Big-D California for work performed pursuant to properly submitted Change Orders? (Yes or No) ANSWER: _______ 3. Do you find that Leprino caused delays to the Project that were not the fault of Big-D California? (Yes or No) ANSWER: _______ 4. Do you find that Leprino' design team caused delays to the Project that s were not the fault of Big-D California? (Yes or No) ANSWER: _______

Case 1:03-cv-02669-MSK-PAC

Document 331-15

Filed 03/31/2006

Page 2 of 3

5.

Do you find that Leprino filed to pay for extra work performed by Big-D California when the parties intended that Big-D California be paid for the extra work? (Yes or No) ANSWER: _______

6.

Do you find that Leprino filed to pay for work performed by UMM that was properly submitted to Leprino by Big-D California as a Cost of the Work? (Yes or No) ANSWER: _______

If you answered "No" to Questions 1 through 6, then stop here and proceed to sign this Special Verdict Form on the lines provided below. If on the other hand, you answered "Yes" to any of Questions 1 through 6, then you must answer the following questions: Do you find by a preponderance of the elements that Leprino has established the following affirmative defenses: [INSERT ON MONDAY UPON RECEIPT BY LEPRINO] If you answered "Yes" to any of the affirmative defenses, then stop here and proceed to sign this Special Verdict Form on the lines provided below. If on the other hand, you answered "No" to all of the affirmative defenses, then you must answer the following question: Enter the award of damages which Big-D California is entitled to recover, if any, from Leprino for the following: 1. Damages for Leprino' failure to pay outstanding contract balance: s ANSWER: $_________________ 2. Damages for Leprino' failure to pay Change Orders: s ANSWER: $_________________ 3-4. Damages for Leprino' delays caused by Leprino and/or its agents: s ANSWER: $_________________

Case 1:03-cv-02669-MSK-PAC

Document 331-15

Filed 03/31/2006

Page 3 of 3

5.

Damages for Big-D California' increased and extended general s conditions: ANSWER: $_________________

5.

Damages for Leprino' failure to pay for agreed-upon extra work: s ANSWER: $_________________

6.

Damages for Leprino' failure to pay for UMM' work that classified as a s s "Cost of the Work" under the Contract between Leprino and Big-D California: ANSWER: $_________________

Signatures of all jurors: ________________________ ________________________ ________________________ _______________________ Foreperson _______________________ _______________________