Property Damages Claims - Choosing & Proving the Right Measure of Loss

Introduction

A substantial repair estimate does not, by itself, establish the value of a property damages claim. The appropriate measure of loss, the evidence supporting it and the treatment of additional expenditure can materially change both the claim and the settlement advice.

This virtual classroom seminar will help practitioners move from identifying a breach or defect to presenting a defensible valuation, with practical examples involving disrepair, defective works and damage to property.

What You Will Learn

This live and interactive course will cover the following:

• Identify how the cause of action, the claimant’s property interest and the nature of the breach affect recoverable loss
• Assess repair or reinstatement costs against diminution in value, including reasonableness, proportionality and proposed remedial works
• Identify when loss of use, amenity, inconvenience or distress may be recoverable
• Substantiate consequential losses, including alternative accommodation, lost rent and associated expenditure
• Address causation, remoteness, pre-existing defects and competing explanations for damage
• Analyse mitigation, betterment and the risk of double recovery
• Give surveyors and valuers focused instructions and prepare a properly supported schedule of loss
• Translate competing valuations and evidential weaknesses into settlement advice and Part 36 strategy

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.