3903F. Damage to Real Property.

CACI 3903F

CACI 3903F outlines the rules for calculating damages in cases of damage to real property.

Here is a general overview of how to calculate damages according to this instruction:

1)Fair Market Value Before

1. Determine the fair market value of the property immediately before the damage occurred. This is the value the property would have had if it had not been damaged.

 

2)Fair Market Value After

1. Determine the fair market value of the property immediately after the damage occurred. This is the value the property has after the damage occurred.

 

3)Subtract the FMV

1. Subtract the fair market value of the property immediately after the damage occurred from the fair market value of the property immediately before the damage occurred. The resulting figure is the amount of damages.

4)The Cost of Repairs

1. If the damage is repairable, then the cost of repairs may be used to determine the amount of damages, provided that the cost of repairs does not exceed the difference between the fair market value of the property before and after the damage occurred.

5)Loss of Use of the Property

1. In addition to the cost of repairs, damages may also include loss of use of the property, inconvenience, and emotional distress. These damages should be calculated based on evidence presented at trial.

 

Hire a Professional

It is important to note that damages in cases of damage to real property can be complex and may require the assistance of a professional, such as a real estate appraiser or a construction expert, to determine the fair market values and cost of repairs.