Lauren Nuffort and Jessica Allen authored an article which appeared in the Winter 2015 Subrogator® Magazine (Page 42).
What happens to the costs and expenses associated with conforming a damaged building to current building and safety code requirements? Can the subrogating party recover the cost of those code-required repairs? This article addresses the positions several states have taken, the reasoning behind their positions and arguments advocating for the recovery of these costs.
- Determine the applicable measure of damages.
- Code-required repair costs held recoverable in Massachusetts and Illinois.
- Code-required repair costs held not recoverable in West Virginia.
- Wisconsin, Mississippi, Missouri, Rhode Island and Florida courts have not addressed the issue definitively.
- Arguments for and against recovering code-required repair costs.