Contract Disputes

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. Duff & Phelps’ 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, technology, insurance, retail, banking, health care, construction, and real estate.

Duff & Phelps endeavors to assist its clients throughout the dispute process including providing the following services:

• Pre-litigation and early assessments of the issues for strategic consideration
• 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 and expert witnesses
• Analysis and investigation of financial and accounting records to assess revenues, costs, profitability, and trends
• Assessments of the relevant industry, market, products, and economic considerations
• Preparation of expert reports and evaluation of and response to the opinions and calculations of opposing experts
• Providing expert testimony at deposition and trial or arbitration
• Preparing demonstratives and visual aids that enhance trial or arbitration testimony 
• Assisting counsel with the preparation of direct and cross examinations of witnesses
• Calculation of pre and post judgment interest