In this suit, a general contractor and its subs sued the LA school district for delay damages caused by construction stalled while cracks in the concrete foundation were repaired. The contractors claimed that the cracks were caused by a design flaw–certain additional features should have been included in the foundation plan to avoid cracks. The district claimed that the cracks appeared because the concrete sub chose the wrong concrete mixture and didn’t vibrate each concrete pour properly. Held, it was reversible error to instruct the jury that a public entity cannot require a contractor to bear responsibility for completeness and accuracy of plans. Public Contracts Code 1104 which so provides was intended to prohibit contract clauses that make contractors liable for defects in architectural or engineering plans. The statute does not apply to the district’s argument that the concrete sub failed to satisfy the plan’s concrete specifications. The instruction was prejudicial as it was emphasized in closing argument and not otherwise corrected by the instructions. The trial court also erred in granting the contractor JNOV on its claim that the district had improperly withheld its retention amount in bad faith under Public Contracts Code 7107. Evidence was disputed as to the reason for the cracks in the foundation; the trial court erred in re-weighing that conflicting evidence on a JNOV motion.