Damage to Property – Duty to Mitigate
By James McIlveen- Senior Legal Executive. Published 14 August 2018.
In this blog, James McIlveen discusses a recent litigation case involving damage to a business property…
We received instructions wherein our clients, a local business owner, noted contractors effecting construction works to nearby premises and latterly observed damage to their bespoke property signage upon removal of the scaffolding.
Comprehensive photographs were taken of the scratched and scored signage panels, a quote for repair obtained from the original signage manufacturer, and notice given to both the owner of the adjoining premises and the contractor in the sum of circa £2500.00.
In normal course repair is affected and reimbursement sought in accordance with a duty to mitigate any loss. The neighbouring business owner and the contractor sought to challenge the repair cost but made a vague offer to otherwise repair.
Our client was not minded to accept an inferior repair or affect manufacturers repair in lieu of reimbursement, and issued proceedings as Plaintiff seeking recompense.
Keeping any loss to a minimum is a general principle widely applied in litigation disputes. We were able to show that no contract restricted the Plaintiff, that he had adopted a reasoned and prompt approach simply requiring a replica manufacturer’s repair without betterment. Having provided such signage quote, any resultant increase or costs incurred (for instance increase in materials across the print sector) was caused by the inaction or delay of the respondents.
The burden to disprove otherwise fell to the respondents and after extensive negotiation the issue was successfully resolved in favour of our client.
Please contact me if you wish to discuss any potential claim for litigation: firstname.lastname@example.org