Commercial Contract Dispute Economic Damages Expert in Georgia

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 Georgia: the components the loss claim consists of, the records that drive them, and a present value built to Georgia'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.

Georgia courts and expert standards

Georgia trial courts act as gatekeepers in civil cases and ask whether the economist is qualified by training and experience, whether the method has been tested and accepted in the profession, and whether it was applied reliably to the facts. An economic damages report meets that inquiry by stating its assumptions and naming the data series behind each one.

Where these cases are heard

Highest court: Supreme Court of Georgia. Federal venues: N.D. Ga., M.D. Ga., S.D. Ga. Court system: gasupreme.us.

Damages framework

Georgia reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share reaches half. Interest on a liquidated sum runs from the date it became due, and prejudgment interest on unliquidated tort damages is tied to a written demand procedure. Economic damages are not subject to a general statutory limit, so the report states each loss as of a fixed date and separates the sums that were due from the amounts that had to be projected.

How the analysis is built

The same four steps apply to a commercial contract dispute case venued in Georgia; 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 Georgia

Frequently asked: commercial contract dispute cases in Georgia

Which Georgia courts hear commercial contract dispute cases?

Commercial Contract Dispute cases venued in Georgia are heard in the Superior Court (General jurisdiction; civil cases, felonies, domestic relations, equity) and the State Court (Civil actions regardless of amount except those reserved to the superior court, misdemeanors). Final appeals run to the Supreme Court of Georgia. Matters within federal jurisdiction proceed in the United States District Courts for the Northern District of Georgia, Middle District of Georgia, and Southern District of Georgia.

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

Georgia reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share reaches half. Interest on a liquidated sum runs from the date it became due, and prejudgment interest on unliquidated tort damages is tied to a written demand procedure. Economic damages are not subject to a general statutory limit, so the report states each loss as of a fixed date and separates the sums that were due from the amounts that had to be projected. Georgia trial courts act as gatekeepers in civil cases and ask whether the economist is qualified by training and experience, whether the method has been tested and accepted in the profession, and whether it was applied reliably to the facts. An economic damages report meets that inquiry by stating its assumptions and naming the data series behind each one.

More questions about commercial contract dispute analysis

References

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