Contracts, both implied and express, and contracts are often the basis for business disputes. Sometimes these disputes occur because of an intentional breach by one of the parties. Other times ambiguous language or items that were not specifically included in the contract drive the dispute.
In addition to legal interpretation, there will likely be extensive financial analysis that needs to be performed in order to measure and quantify the loss incurred by the non-breaching party. VFP’s involvement in these disputes is driven by the need to quantify the loss incurred by the injured party for use in settlement or to establish damages for use in court.
The damages / lost profits calculations in these cases often require a broad base of business experience and financial knowledge. Some examples of analyses that may be required include:
- Analysis of historical sales and/or earnings
- Reviews and analysis of business plans, budgets, and financial projections
- Reviews and analysis of loan documents, structured notes, and other investment documents
- Product, market, and consumer demand analyses
- Manufacturing and business cost studies and analyses
- Analysis of business overhead allocations and non-business related expense assessments
- Replacement costs or mitigation analyses
- Assessment of future earnings, expenses, and lost profits
- Liquidated damages reviews and assessments
- Inclusion of pre-judgement interest
These analyses are used to support financial damages and/or lost profits models that quantify the financial impacts of non-performance for a wide range of contract disputes including:
|· Licensing Agreement Disputes||· Partnership Agreements||· Employment Agreements|
|· Service and Sales Agreements||· Joint Venture Agreements||· Confidentiality Agreements|
|· Distribution/Supply Agreements||· Franchise Agreements||· Non-compete Agreements|
VFP’s principal has a broad base of business, financial, transaction and consulting experience that allows us to approach damage calculations in a comprehensive and strategic manner. Additionally the strong database and data management skills of our team allow us to efficiently manage and summarize the large quantity of information and discovery that is required to develop supportable opinions for contract disputes.
Our goal is to provide insightful analysis and expert reports to assist our clients in settlement efforts and, when needed, as an expert witness in court.