KW Economics prepares business valuation for commercial contract dispute cases venued in Washington: what the loss claim consists of, the records that drive it, and a present value built to Washington damages rules and venues. Plaintiff and defense.
A contract breach can permanently impair a business or end it, and when it does the measure of loss shifts from lost profits over a period to the diminished value of the business itself. The economist values the business before and after the breach under a consistent standard and approach, isolates the change attributable to the conduct at issue from market conditions and other causes, and coordinates the valuation with any lost profits claim so the same loss is not counted twice. The report explains which measure applies to which period and why.
Valuation of closely held businesses and ownership interests for shareholder and partnership disputes, divorce, estate and gift matters, and buy-sell disagreements. The work applies the income, market, and asset approaches under the standard of value that governs the matter, addresses discounts for lack of control and marketability where they apply, and documents every input so the conclusion can be tested on cross-examination.
The size of the claim depends on the contract's remaining term, the profit margin the business would have realized, and how much of the lost volume was or could have been replaced. Incremental cost treatment is the usual battleground: whether a given cost would have been avoided when the revenue disappeared changes the margin and therefore the loss. For a new venture or a contract without a performance history, the reasonableness of the projected revenue is the central dispute, and the period over which lost profits are claimed is scrutinized against the contract's terms and the market.
Washington courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community and whether the economist is qualified by training and experience to apply it, leaving disputes over the inputs to cross-examination. The methods of forensic economics are published and long used, so the examination of a damages report usually turns on its assumptions and their support in the record.
Highest court: Washington Supreme Court. Court system: courts.wa.gov.
Federal venues: Western District of Washington, Eastern District of Washington.
Washington applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Prejudgment interest is generally limited to liquidated sums, such as an unpaid contract balance, and not awarded on unliquidated damages. Statutory limits on noneconomic damages have been held unconstitutional and economic damages are not subject to a general statutory limit, so the economist's figure enters the case at its full present value, with the liquidated components identified separately.
We issue the final report and provide deposition and trial testimony and critique of opposing valuation reports.
The same four steps apply to a commercial contract dispute case venued in Washington; the damages framework above decides which components enter the total. Establish the but-for revenue from the contract terms, the pre-dispute projections, and the business's own history. Identify the incremental costs that would have been incurred to earn that revenue so that only the lost margin is claimed. Analyze actual results after the breach to separate the effect of the breach from market conditions and other causes, and credit mitigation revenue. Bring past lost profits forward and discount future lost profits at a stated rate that reflects the risk of the earnings stream.
Washington courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community and whether the economist is qualified by training and experience to apply it, leaving disputes over the inputs to cross-examination. The methods of forensic economics are published and long used, so the examination of a damages report usually turns on its assumptions and their support in the record. Commercial Contract Dispute cases venued in Washington are heard in the Superior Court (General jurisdiction; one in each of 39 counties; all civil, criminal, and domestic matters), with final appeals to the Washington Supreme Court. Matters within federal jurisdiction proceed in the Western District of Washington and Eastern District of Washington.
Washington applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Prejudgment interest is generally limited to liquidated sums, such as an unpaid contract balance, and not awarded on unliquidated damages. Statutory limits on noneconomic damages have been held unconstitutional and economic damages are not subject to a general statutory limit, so the economist's figure enters the case at its full present value, with the liquidated components identified separately. The report presents past and future amounts separately, states every rate and table with its source, and shows the result under the alternatives the other side is likely to argue, so counsel can apply the Washington rules to a documented figure.
Request a consultation on Business Valuation or call (201) 343-0700. Plaintiff and defense counsel.