Key Takeaway
Learn how oral testimony alone can establish proof of damages in construction cases, even without documentary evidence, based on witness knowledge and experience.
Understanding Proof of Damages Through Oral Testimony
When pursuing compensation for defective work or breach of contract, one of the biggest challenges plaintiffs face is proving the actual dollar amount of their damages. Many assume that extensive documentation, receipts, or formal expert testimony is required to establish these costs in court. However, New York law recognizes that damages can sometimes be proven through other means, including the oral testimony of knowledgeable witnesses.
This principle becomes particularly important in construction disputes, where experienced contractors may be able to provide reliable cost estimates based on their professional knowledge, even without written documentation. The question becomes: when is oral testimony alone sufficient to prove damages, and what qualifies a witness to provide such testimony?
Jason Tenenbaum’s Analysis:
Johnson v Robertson, 2015 NY Slip Op 06658 (2d Dept. 2015).
Moreover, “roof of damages may be based solely on oral testimony as long as the witness has knowledge of the actual costs” (Electronic Services. Intl. v. Silvers, 284 A.D.2d 367, 368, 726 N.Y.S.2d 441). The record demonstrates that the Robertson defendants, who had 20 years of experience in construction and had built over 100 homes, had knowledge of the actual costs of the services being provided
You have someone who is close to an expert who tells you that it will cost $40,000 to fix a prior contractor’s defective work. This testimony does not have an etiology in documentary evidence; it is solely based upon the contractor’s knowledge. Enough? Many judges will say no (true case I tried). The Appellate Division said otherwise.
Key Takeaway
The Appellate Division’s decision in Johnson v Robertson establishes that extensive experience and knowledge in a relevant field can qualify a witness to testify about damage costs based solely on oral testimony. This ruling provides important precedent for cases where formal expert witnesses may not be available or necessary, particularly in construction disputes where seasoned professionals can reliably estimate repair costs.
