Commercial Contract Dispute Economic Damages Expert in Florida

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for commercial contract dispute cases venued in Florida: the components the loss claim consists of, the records that drive them, and a present value built to Florida's damages rules and venues. Plaintiff and defense.

A commercial contract damages claim measures the profits a business lost, or the costs it incurred, because the other party did not perform, as the difference between the performed-contract path and what the business actually earned or could have earned by mitigating. Read the full commercial contract dispute analysis guide.

Florida courts and expert standards

Florida courts apply a reliability inquiry to expert testimony: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and on reliable principles and methods, and whether those methods were applied reliably to the facts of the case. A damages report is written to that standard, with each rate and table traced to a published source.

Where these cases are heard

Highest court: Florida Supreme Court. Federal venues: N.D. Fla., M.D. Fla., S.D. Fla. Court system: flcourts.gov.

Damages framework

Florida reduces a negligence-based award by the plaintiff's share of fault and, in most negligence actions, bars recovery once the plaintiff is found more at fault than the defendants. Prejudgment interest is awarded on a liquidated loss from the date it was sustained but is generally not awarded on personal injury or wrongful death damages. Economic damages are not subject to a general statutory limit outside specific statutory claims, and the report separates the liquidated components from the projected ones so the interest computation can follow.

How the analysis is built

The same four steps apply to a commercial contract dispute case venued in Florida; the damages framework above decides which components enter the total.

  1. Establish the but-for revenue from the contract terms, the pre-dispute projections, and the business's own history.
  2. Identify the incremental costs that would have been incurred to earn that revenue so that only the lost margin is claimed.
  3. Analyze actual results after the breach to separate the effect of the breach from market conditions and other causes, and credit mitigation revenue.
  4. Bring past lost profits forward and discount future lost profits at a stated rate that reflects the risk of the earnings stream.

Attorney guides for commercial contract dispute cases

Other case types in Florida

Frequently asked: commercial contract dispute cases in Florida

Which Florida courts hear commercial contract dispute cases?

Commercial Contract Dispute cases venued in Florida are heard in the Circuit Court (General jurisdiction; larger civil cases, felonies, family law, probate). Final appeals run to the Florida Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Northern District of Florida, Middle District of Florida, and Southern District of Florida.

How does Florida's damages framework shape the economic analysis?

Florida reduces a negligence-based award by the plaintiff's share of fault and, in most negligence actions, bars recovery once the plaintiff is found more at fault than the defendants. Prejudgment interest is awarded on a liquidated loss from the date it was sustained but is generally not awarded on personal injury or wrongful death damages. Economic damages are not subject to a general statutory limit outside specific statutory claims, and the report separates the liquidated components from the projected ones so the interest computation can follow. Florida courts apply a reliability inquiry to expert testimony: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and on reliable principles and methods, and whether those methods were applied reliably to the facts of the case. A damages report is written to that standard, with each rate and table traced to a published source.

More questions about commercial contract dispute analysis

References

Request a consultation on commercial contract dispute cases in Florida or call (201) 343-0700. Plaintiff and defense counsel.