Calculate, evaluate and respond to all types of claims of contract damages
Contractual agreements form the principal basis for most businesses and business relationships. After entering the contract, disputes may arise when the parties later disagree regarding the meaning and/or intention of certain terms, provisions, obligations or compensation due under the subject contract. If the parties cannot resolve the dispute at hand, it may result in arbitration proceedings or litigation in federal or state courts.
In addition to the legal and liability issues, contract disputes often result in a claim of monetary losses in the form of economic damages. Kroll’s professionals are accomplished and proficient experts in assisting outside counsel and their clients in calculating, evaluating and responding to all types of claims of contract damages, and successfully providing related expert testimony to the triers of fact. We also serve clients across a wide array of industries, including manufacturing, energy and chemicals, utilities, communications, technology, insurance, retail, financial services, healthcare, construction and infrastructure, and real estate.
Kroll Assists Its Clients Throughout the Dispute Process Including Providing the Following Services
- Pre-litigation and early assessments of the issues
- Assessment of the appropriate methodologies for measurement of damages
- Assistance in preparing information and document requests
- Conducting fact-finding interviews of a clients’ corporate representatives
- Assisting outside counsel in preparing topics for depositions of fact, witnesses and experts
- Analyzing and investigating financial and accounting records to assess revenues, costs, profitability and trends
- Assessing relevant industry, market, products and other economic considerations
- Preparing expert reports and evaluation of and response to the opinions and calculations of opposing experts
- Providing expert testimony at deposition, trial or in an arbitration setting
- Preparing demonstratives and visual aids that may enhance trial or arbitration testimony
- Assisting counsel with the preparation of direct and cross examinations of witnesses and experts
- Calculating pre- and post-judgment interest.
Kroll’s experts provide financial, economic and valuation analyses and/or investigative accounting reviews throughout each stage of the dispute process. We present our conclusions and findings in a clear, compelling and credible manner and have experience in a variety of court and arbitral forums in numerous domestic and international jurisdictions.
Our work in this area has included a wide variety of large and small public and private company contexts in a variety of industries and includes cross-border disputes.
- Seasoned testifying experts, with direct experience in complex litigation, including a number of precedent setting cases
- Truly independent analysis and credible opinions
- A combination of local knowledge and global reach, including deep industry expertise
- Ability to leverage multiple perspectives of advisory expertise, including valuation, corporate finance, transaction opinions and transfer pricing
- Concisely written expert reports, that reflect a blend of theory, business judgement and real-world perspectives
- Lean and deeply experienced engagement teams that provide the highest value to clients