Common types of commercial damages include those that stem from a breach of contract. This broad category includes damages arising out of a supply contract, lease, product development agreement, or an asset purchase agreement, to name a few. Remedies may include lost profits, loss of business value, or increased costs resulting from the breach. Although these measures of damages are conceptually straightforward, the actual calculations and analysis required in any particular case may be quite involved.

LitiNomics professionals have significant experience developing the complex analyses often required to evaluate damages in breach of contract matters. Our team has analyzed the operations, financial condition, and profitability of businesses under a wide variety of circumstances to develop the hypothetical “but-for” analysis. Such a “but-for” analysis describes the world in which the breach or wrongful activity had not occurred and often where the injured party was assumed to have received the “benefit of the bargain.” For lost profits calculations, the expert often must evaluate the incremental costs to be incurred to make the lost sales, as well as convert future losses to present value.

Please email to learn more about how LitiNomics can assist you with your commercial damages case.