Blue Tab 001 — G21 Base Damages — Framework & Evidence Standards¶
GUARDRAIL: BLUE — G21 BASE DAMAGES
G21 flood-related base damages only. No enterprise multipliers, no Freeman Street.
1) Purpose & Scope (Blue-only)¶
This tab defines the categories, boundaries, evidence standards, interest anchors, and duplication guardrails for G21 base (receipt-based) damages. All Blue totals are calculated centrally in Blue Tab 002 — Mathematical Verification (REPL Appendix) using CPLR 5001–5004 (9% simple interest).
Strict separation: This section contains no Freeman Street / opportunity-loss content. Red (Vol 06) addresses those claims separately.
How to use:
- Use this tab to decide what belongs in each category and how to document it.
- Put all numbers (base + interest) in Tab 002 (REPL).
- Category tabs 101–109 are evidence-only (no local computations).
2) Category Map & Boundaries (Tabs 101–109)¶
Tab 101 — Property Damage & Restoration (Tier 1: $735,793)
- Includes: Destroyed/damaged personal property, restoration/remediation, cleaning, drying, mold treatment, replacement purchases.
- Excludes: Business equipment sold under duress (→ Tab 106); medical items (→ Tab 109); transportation losses (→ Tab 107).
Tab 102 — Business Income Losses (Tier 2: $383,141)
- Includes: Lost gross income tied to displacement/inoperability; cancelled sessions; contemporaneous client cancellations; Schedule C impacts.
- Excludes: Time spent on admin/legal tasks (→ Tab 104); opportunity-loss theories (Red).
Tab 103 — Alternative Housing Costs (Tier 1: $697,200)
- Includes: Temporary housing (rent/fees), deposits lost, hotel stays, storage, additional living expenses.
- Excludes: Transportation to/from temporary housing (→ Tab 107); health costs (→ Tab 109).
Tab 104 — Administrative & Legal Burden (Tier 2: $565,057)
- Includes: Fees, filing costs, service costs, document retrieval, notarization, paid administrative help, software subscriptions directly attributable to the flood litigation.
- Excludes: Attorney fee theories better handled by counsel; lost income for time spent (→ not here; see Tab 102 methodology).
Tab 105 — Credit Impairment & Financial Stress (Tier 2: $40,300)
- Includes: Adverse credit actions, higher interest paid due to score degradation, loan application fees lost, denial-driven costs, debt management program fees.
- Excludes: General financial anxiety (→ Tab 108 if non-economic), medical treatment for stress (→ Tab 109).
- Note: Loan principal is evidence of distress, not claimed principal loss. Only documented fees/interest are claimable.
Tab 106 — Forced Liquidation — Instruments & Gear (Tier 1: $22,789)
- Includes: Below-market sales of instruments/gear to survive displacement; delta between fair-market value (FMV) and realized proceeds; selling fees; equity extinguished.
- Excludes: Items merely damaged (→ Tab 101); new purchases after the fact (→ Tab 101 if replacement).
Tab 107 — Transportation Impairment (Tier 1: $650)
- Includes: Loss of use/replacement costs after vehicle seizure or impairment; alternative transport costs during the gap; forced sale delta.
- Excludes: Travel purely for medical care (→ Tab 109 if treated as medical mileage per counsel).
- Note: Current figure reflects forced sale delta only; substitute transportation TBD pending receipt compilation.
Tab 108 — Pain & Suffering (Non-Economic) (Evidence-Only)
- Includes: Emotional distress evidence, loss of enjoyment documentation, anxiety linked to flood/displacement, duration facts, comparable verdict research.
- Excludes: Medical bills (→ Tab 109); business downtime (→ Tab 102).
- Note: Tab 108 is evidence-only. All P&S valuation methodology lives in Tab 002 Section 5.1.4.
Tab 109 — Health & Medical Impacts (Excluded — TBD)
- Includes: Out-of-pocket medical costs, EOB patient responsibilities, pharmacy receipts related to the event/exposure.
- Excludes: Non-economic harms (→ Tab 108).
- Note: Currently excluded from totals pending evidence intake and causation linkage.
3) Consensus Composition Reference¶
This section documents the consensus-locked damage figures that result from applying the framework above. All figures derive from Tab 002 Section 5.1.
Economic Categories (Tier 1 + Tier 2)¶
Tier 1 — Documented Floor: Receipt-verified, no further validation required. - Tab 101: $735,793 (Property Damage) - Tab 103: $697,200 (Alternative Housing) - Tab 106: $22,789 (Forced Liquidation) - Tab 107: $650 (Transportation) - Subtotal: $1,456,433
Tier 2 — Working Additions: Calculated or partially-defined components. - Tab 102: $383,141 (Business Income — EOM anchor methodology) - Tab 104: $565,057 (Administrative & Legal — two-tier split) - Tab 105: $40,300 (Credit Impairment — partial, fees/interest only) - Subtotal: $988,499
Economic Principal: $2,444,931 Interest (~28%): ~$684,581 Economic with Interest: ~$3,129,512
Non-Economic (Pain & Suffering)¶
Tab 108 provides evidence inventory. Tab 002 Section 5.1.4 documents the per-diem methodology: - Duration: 2,278 days (Oct 13, 2019 — Jan 7, 2026) - Conservative: $500/day = $1,139,000 - Moderate: $1,000/day = $2,278,000 - Enhanced: $3,500,000 (counsel-gated)
G21 Base Scenarios¶
| Scenario | Economic | P&S | G21 Base |
|---|---|---|---|
| Conservative | $3.13M | $1.14M | $4.27M |
| Moderate | $3.13M | $2.28M | $5.41M |
| Enhanced | $3.13M | $3.50M | $6.63M |
Canonical reference: G21 Base Control Number Insert v1.2 (2026-01-07)
4) Duplication Guardrails (No double-counting)¶
- Property vs. Forced Sale: If an item was sold under duress, claim the FMV–proceeds delta in Tab 106, not also as "property destroyed" in Tab 101.
- Business Income vs. Admin/Legal: Do not convert hours spent on admin/legal into "lost business income" unless counsel selects that method in Tab 002 notes. Default: Tab 104 captures actual paid admin/legal costs only; Tab 102 captures documented lost income.
- Housing vs. Transportation: Commuting from temporary housing belongs in Tab 107; housing rent/fees in Tab 103.
- Medical vs. Pain & Suffering: Bills/EOBs in Tab 109; non-economic harms in Tab 108.
- Economic vs. Non-Economic Health: Same condition may generate economic costs (Tab 109) and P&S evidence (Tab 108); no dollar duplication occurs because Tab 109 claims costs while Tab 108 indexes emotional impact.
- Refunds/Insurance Offsets: Reflect refunds, credits, or insurance recoveries as reductions of claimed amounts in Tab 002 (note source).
- One place only: Each dollar lives in exactly one category. If unsure, pick the most direct causal bucket and footnote rationale.
5) Interest Date Anchors & Method (CPLR 5001–5004, 9% simple)¶
Standard: 9% simple interest from the earliest ascertainable date of loss/expense through judgment date. All math is performed in Tab 002.
| Category (Tab) | Interest Anchor (Default) | Typical Evidence | Notes |
|---|---|---|---|
| Property (101) | Invoice/receipt date, or date of loss if specifically documented | Receipts, remediation invoices, replacement invoices | If multiple invoices for same item, use earliest paid-loss date for that item. |
| Business Income (102) | Month-end for each affected month (default) | Client cancellation emails, calendar, bank statements, Schedule C | If precise day known, use that day; else month-end conservative convention. |
| Housing (103) | Payment/contract date(s) | Leases, hotel folios, storage invoices, bank statements | Recurring monthly: treat each monthly charge with its own anchor. |
| Admin/Legal (104) | Invoice/receipt date | Filing fee receipts, service invoices, notary receipts, subscription invoices | Time spent by plaintiff not monetized here unless counsel instructs. |
| Credit (105) | Date of adverse action or higher-rate loan inception | Credit report entries, lender letters, loan agreements | Use earliest documented adverse date tied to the cost claimed. |
| Forced Sale (106) | Sale/settlement date for each item | Bill of sale, marketplace statement, bank receipt | Interest on FMV–proceeds delta from the sale date. |
| Transport (107) | Date of seizure/impairment, or date of substitute transport expense | Sale receipt, rideshare receipts, rental invoices | For prolonged loss-of-use, anchor each expense as it occurs. |
| Pain & Suffering (108) | Attorney to select per NY practice | Duration documentation, comparable verdicts | Non-economic; interest handling per counsel instruction. |
| Health/Medical (109) | Date of service or EOB patient-responsibility posting | EOBs, invoices, pharmacy receipts | For series of treatments, anchor each service date. |
Unknown dates: Use the best-documented conservative proxy (e.g., end-of-month) and note the assumption in Tab 002.
6) Evidence Standards & File Hygiene¶
- Receipts-first. Claims must trace to native receipts, invoices, EOBs, or bank statements.
- Native files + clarity. Prefer original PDFs; if scanning, ensure full page, legible totals, dates, vendor name.
- Filename discipline.
BLUE-<Tab>-<CategoryShort>-<YYYY-MM-DD>-<Vendor>-<Amount>.<ext>- Example:
BLUE-101-PROPERTY-2019-10-14-HomeDepot-248_37.pdf
- Example:
- Custody notes (optional but ideal). Add brief note (source, capture method) if not obvious from the file.
- Email proofs. Preserve headers and attachments; export to PDF with visible metadata if possible.
- De-duplication. If a receipt appears in multiple places, store once, reference everywhere.
7) Routing & Cross-References¶
- Overview: Blue Tab 000 — Executive Overview
- Calculations: Blue Tab 002 — Mathematical Verification (REPL Appendix) (single source of truth)
- Consensus Methodology: Blue Tab 002 Section 5.1
- P&S Evidence: Blue Tab 108 Sections 13–15
- Categories: Tabs 101–109 (evidence-only pages)
- Binder Control: Blue Volume 05 — Binder Control & Section Index
Governance: No local dollars in category tabs. All math (base + interest) is performed in Tab 002.
8) Counsel Notes & Method Selections¶
Record counsel's method choices in Tab 002 notes (and mirror briefly in the relevant category tab):
- Business Income (102): Month-end anchors vs. exact-date anchors when known; treatment of partial months; documentation sufficiency (Schedule C, client cancellations).
- Administrative & Legal (104): Two-tier split (Tier A: Hard Costs / Tier B: Time Value); subscription evidence treatment.
- Forced Liquidation (106): Use FMV–proceeds delta per item; specify FMV source (recent comps/appraisals) and sale proof.
- Credit Impairment (105): Tie claimed costs to documented adverse action; note duration and rate differential evidence.
- Pain & Suffering (108): Attorney selection for any interest approach per NY practice (non-economic); per-diem rate selection.
- Offsets: Document refunds/insurance recoveries and net in Tab 002.
Phase status: Phase 3 (validation) substantially complete. Tab 002 contains consensus-locked figures per G21 Base Control Number Insert v1.2 (2026-01-07). Remaining items require:
- Tab 101.8 (Storage): Evidence development (10–12 weeks)
- Tab 109 (Health/Medical): Evidence intake and causation linkage
- Tab 102 (Business Income): Optional refinement pending receipt compilation
- Tab 107 (Transportation): Substitute transportation receipt compilation
Phase 3 requires attorney sign-off on all totals and calculations.
END — Blue Tab 001 — G21 Base Damages — Framework & Evidence Standards v2.2