Suing builder help needed on estimating damages

amadf1

If i sue a builder and overestimate my costs and the judge disagrees, will the case be closed or will the judge reduce the amount of costs that I am claiming? Im asking to know if they are strict on the costs or if I can discuss it later in court because im not entirely sure how much damages are for some of the construction defects that have occurred

Alter_ego

You need to be sure of the damages you are claiming, and able to back up the figures. Costs may be awarded but they are costs of solicitors etc. Don't mix the two up.

amadf1

Alter_ego said:

You need to be sure of the damages you are claiming, and able to back up the figures. Costs may be awarded but they are costs of solicitors etc. Don't mix the two up.

I meant to say damages because I am planning to sue on my own without a solicitor
I have a damp roof and I can get a quote from another builder as the price to sue for however there are some defects which cannot be repaired such as bad brickwork, not following specifications, and Im not sure how to claim accurate damages for these

stragglebod

You could ask an estate agent what difference the defects make to the expected sale price of the property vs adequately done work.

thearchitect

The court will expect there to be a clear schedule of costs underpinning your claim.  The reasonableness or otherwise of these will be tested by the other party and you will therefore need to be able to justify them.  Whether the judge agrees with, adjusts, or dismisses said costs will depened on a wide range of other factors.  My advice to you is not to guess, or to pitch high, both of which are usually ailry transparent and receive short thrift.

Given that you do not have legal representation then I am guessing you might be disinclined to see advice from a building surveyor or similar professional consultant? 

steampowered

If you overclaim the award would simply be reduced.

It's very common in litigation for the claimant to claim the most they think they might be able to achieve, even if they think part of their claim is much stronger than the rest.

The general rule is to ask for the maximum that you can realistically justify. Just don't claim for figures that are completely unjustifiable as that makes you look a lemon.