Section 4 Effect of Delay in Making Repair

• Library: Damages 2012

As stated in §11.2 above, loss-of-use damages may be limited if the plaintiff is not diligent in securing repair of the property. If the plaintiff does delay in making the repairs and the cost of repairs rises during the time of delay, the plaintiff’s award will be reduced accordingly. Universal Towing Co. v. United Barge Co., 579 F.2d 1098 (8^th Cir. 1978). Also, homeowner’s insurance policies may limit replacement cost coverage by...