Can general contractors estimates be used as valid evidence in court?

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Can general contractors estimates be used as valid evidence in court?

The roofing company I hired while working on the roof exposed the shingles in a wind and rain storm causing severe water damage inside my home. I obtained 4 estimates regarding these damages from certified general contractors all in the same price range. I just wanted to know if I could use these estimates against my roofing company as valid evidence in court of the interior water damages due to their negligence. I know it differs with each state and county. If not, what evidence can I use proving this damage?

Asked on November 22, 2011 under Business Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In your lawsuit for negligence against the roofing company, your damages (the amount you are seeking to recover in your lawsuit) will be the cost of repairs.  You will need to mitigate (minimize) damages.  The estimates from the contractors will present evidence supporting your claim for damages.  You will have mitigated damages since the estimates are in the same price range.  If the estimates had not been in the same price range and you selected the most expensive contractor you could find to make the repairs, you would have failed to mitigate damages and your damages would have been reduced accordingly.


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