A damages claim needs a factual basis for both responsibility and amount. A large bundle of invoices does not necessarily explain what loss the alleged breach caused.
Archive article, reviewed and updated on 12 November 2026. The original publication date is retained.
Distinguish restoration from unrelated work
For damage during an ongoing project, record the condition immediately before the event. Separate emergency measures, restoration and improvements or work that would have been necessary anyway. Link invoices to the relevant activities and locations.
Judicial estimation still needs evidence
Section 287 ZPO allows judicial assessment of damage in its statutory context, but it does not make an unexplained total self-proving. The original archive article discussed OLG Celle, 9 April 2019, 14 U 157/18. Project teams should retain the records needed to explain the loss before repairs obscure the position.
Four practical examples
Illustrative scenarios: the appropriate steps depend on the contract, evidence and applicable law. These are not reports of client matters.
A fire during refurbishment
Record the pre-fire stage of completion and separate original works from restoration.
Water damages several floors
Map affected areas and the work required in each.
An insurer pays invoices
Preserve the underlying technical assessment as well as payment records.
An upgrade during repair
Identify and account for the improvement separately.
Further guidance
Legal framework & further reading
Reviewed: 12 November 2026. Statutory references are to German law unless stated otherwise.