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Proving construction damage: records the court can use

Published 13 September 2021 · Updated 12 November 2026

damages · tribunal decision
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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.

Topics: code of civil procedure · damages · perpetuation of evidence