Construction,
Civil Litigation
Apr. 14, 2020
Give pause before requesting ‘damages according to proof’
It’s not uncommon in litigation to see a complaint requesting “damages according to proof.” There may be valid reasons for doing so. For example, you may not in fact know the amount of damages. Or, perhaps, you’re trying to hide the ball to create uncertainty. Or, perhaps, it’s just a habit that you picked up along the way. I’m not judging. But next time, before requesting “damages according to proof,” you may want to give pause.
Garret D. Murai
Partner
Nomos LLP
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
It's not uncommon in litigation to see a complaint requesting "damages according to proof." There may be valid reasons for doing so. For example, you may not in fact know the amount of damages. Or, perhaps, you're trying to hide the ball to create uncertainty. Or, perhaps, it's just a habit that you picked up along the way. I'm not judging.
But next time, before requesting "damages according to proof," you may want to give pause.
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