• There are actually ten fewer parking spaces than you wanted. You would accept that the spaces were never included on a formal plan. Also, you didn’t notice the reduced number of spaces until a month after the job was completed, when your office manager pointed it out.
• You telephoned Sam Mason about the depressions, but you cannot remember exactly what he said. You know he said he would get a crew out to investigate and that, in the meantime, the area should be clearly marked. You had some special yellow paint sprayed around the depressions. As the worst of the depressions developed into potholes you had marine plywood laid across them. Unfortunately, the plywood tends to shift in the bad weather. You assume it was not in place when John had his accident.