JURY QUESTIONS IN CONSTRUCTION LITIGATION: AN OUTLINE OF SELECTED PROBLEMS

1. The Charge Reflects the Controlling Law
2. The Charge Contains the Controlling Issues
3. Different Shades of the Same Issue
4. Burden of Proof
5. Comments on the Weight of the Evidence
6. Comparative Fault
   1. Breach of Contract Claims
   2. Breach of Warranty/DTPA Claims
7. Multiply Causes ?? Proximate Cause, Producing Cause and Substantial Factor
8. Damages
   1. The Conventional Measures of Damages in a Construction Case
   2. Substantial Performance v. Complete Compliance
   3. The Texas Deceptive Trade Practices Act
   4. Difficulties of Proof ?? Individual Claim Theory v. Total Cost Theory
9. Waiver
10. Deemed Findings

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