A breach of contract refers to an instance in which a legally binding agreement between parties is in some way broken or terminated by one or more sides. This situation may be applied to various cases of litigation, as contracts are made and terminated over any number of businesses. Contract breaches can cause serious damages within a business or economic context. Whether it is in a real estate setting, medical treatment plan, business transaction, or other type of agreement and/or exchange, a breach of contract can cause legal problems if not handled properly.
Because contracts are often made over monetary agreements, lawsuits involving breach of contracts usually require the services of an expert with a background in other financial or business management areas. A breach of contract may cause a business-related setback, business interruptions, economic damages, and/or lost profits, as well as issues with investments, financial modeling, declarations, loss reserves, risk assessment, and mergers and acquisitions. Since a lot of contracts are based on deadline-driven criteria, time sensitive obligations are often violated due to a potential breach of contract.
The consequence of a breach of contract varies depending on each particular situation. A construction company, for instance, may fail to meet the demands of a construction contract by utilizing inadequate materials in a building, while an entire business may suffer from financial loss when a party suddenly withdraws from a merger and/or acquisition agreement. Each of these scenarios, as well as others occurring in various fields, may be grounds for a lawsuit.
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I have over four decades of general contracting and construction experience. I have a working knowledge of breach of contract issues; building codes and interpretation; construction investigations; construction management; cost analysis; cost estimation; delay claims; destructive testing; repair bidding and implementation; site inspections; standard of care analysis; water intrusion investigations. I have experience working on a variety of property types including apartments; commercial/industrial sites; distribution and manufacturing facilities; hospital and medical facilities; multi-family dwellings; museums; public works; religious; retail; self-storage; and warehouses (mini). I have provided consultations, deposition, and courtroom testimony as a contraction bids expert witness for more than a decade.
I have over 30 years experience in Forensic Accounting. My areas of expertise include Personal injury, Wrongful death, Employment law, Breach of contract, Professional liability, Embezzlement, Construction defect, Antitrust issues, and Business interruption cases. I have provided deposition, consultations, and courtroom testimony for more than 20 years as a forensic accounting expert witness.
I am a skilled financial expert witness with more than 45 years in the field. I have provided a broad range of business and financial advice to trial lawyers and in-house counsel. I have experience with breach of contract, tortious interference; post M&A disputes, labor and economic disputes, antitrust disputes, disputes in the context of bankruptcy, eminent domain, business disputes in divorce, shareholder disputes, construction claims, warranty and recall disputes, and trade secrets and restrictive covenants. I have offered consultations, deposition, and courtroom testimony as a financial expert witness for over 15 years.
A litigant in a contract dispute recently appealed from a judgment which modified the amount in favor of Appellee from $147,000 to $132,000.Inter alia, the litigant (“Appellant”) contended that the trial court erred in its interpretation of the contract, improperly precluding its expert testimony.Appellant sold a pizza shop to Appellee for $625,000.After the deal was signed but it settled, the parties made several written addendums for renovations, which were to be completed at Appellant's expense.The parties settled, and Appellant conveyed the property to Appellee, but then Appellant breached his obligation to pay rent and complete the agreed upon renovations.As a result, Appellee filed a complaint against Appellant asserting breach of contract and fraud.At a bench trial, Appellee presented a general contractor as a fact witness to testify on a construction proposal he completed for the property.The witness testified that he estimated the value of the renovations based upon blueprints submitted to him by Appellee.Appellant testified on his own behalf and admitted he failed to pay rent pursuant to the Agreement. He agreed with Appellee that he owed $18,000 as a result.Further, Appellant admitted that he breached the Agreement by failing to complete any of the contracted renovations to the property.However, he disputed the scope and cost of the work in Appellee’s contractor’s proposal. To support this, Appellant presented his own proposal estimating the costs of labor and materials for the renovations.Appellant offered his own estimate on the renovations but offered no evidence on the costs. Appellant also wanted to present the testimony of a general contractor to opine as to the renovations he was obligated to complete under the contract.The trial court precluded the general contractor 's opinion testimony, following Appellee's objection to Appellant's failure to disclose the general contractor 's expert status prior to trial.The trial court found in favor of Appellee for $139,000…$121,000 for failure to make the repairs mandated under the Agreement, and $18,000 for unpaid rent pursuant to the Agreement.Appellee filed a motion to include pre-judgment interest in the verdict, and Appellant didn’t respond. The trial court then corrected the verdict to $147,000.In response, Appellant filed a post-trial motion disputing the trial court's exclusion of its expert testimony of the general contractor.The trial court granted Appellant's motion in part by modifying the verdict from $147,000 down to $132,000 but denied its claim that it erred by excluding the general contractor's expert testimony.On appeal, Judge Jack A. Panella of the Superior Court of Pennsylvania noted that Appellant contended that the trial court erred by prohibiting his fact witness from testifying as an expert witness.Appellant argued that Appellee's failure to pursue the identification of expert witnesses pursuant to Pa.R.C.P. 4003.5 through discovery, prior to trial, precluded the trial court's prohibition of the general contractor’s status as an expert witness.The standard for qualification of an expert witness is a liberal one, Judge Panella explained. However, when considering the admission of expert evidence, the judge said the appellate court’s standard of review is very narrow—“an evidentiary ruling must not only be erroneous, but also harmful or prejudicial to the complaining party.”Here, Judge Panella noted that the trial court thoroughly explained its decision to prohibit the general contractor from testifying as an expert.Appellee's counsel requested, through discovery, that Appellant produce the documents intended to be introduced at trial.Appellant’s general contractor didn’t prepare an expert report. Because of this, the trial court found that Appellant was able to avoid identification of the general contractor as an expert, and that this caused Appellee unfair surprise.Further, without the benefit of a curriculum vitae offered as evidence or any further elaboration on his experience, the general contractor wasn’t qualified to offer expert opinions as to the value of the work that was contemplated under the contract or criticism of Appellee’s estimate.Judge Panella noted that while Appellant was correct that Appellee didn’t request the identification of expert witnesses pursuant to Pa.R.C.P. 4003.5, this didn’t lead to the automatic conclusion that the trial court should have allowed the general contractor to testify as a witness.The trial court found a number of reasons—including a lack of curriculum vitae, Appellant's attempt to “game” the discovery process, and limited qualifications—to support why the general contractor shouldn’t be confirmed as an expert witness.As such, there was no error of law in the trial court's reasoning for excluding this witness's expert testimony. The judgment was affirmed.
I have over 20 years experience as an Intellectual Property & Patent Attorney. My areas of expertise include patent, trademark, trade dress, trade secrets, domain name disputes, unfair competition, breach of contract, merger and acquisition, corporate, partnership, joint-venture, and dissolution. I have additional knowledge in real estate, representing title insurance companies, escrows, partnership disputes, easement, premises liability and breach of fiduciary duty. I have prior experience providing my services as an intellectual property and patent attorney expert witness.
I have over 35 years experience in financial management with a focus in complex securities litigation, including, but not limited to: insider trading, market timing, abusive trading, market manipulation, margin and collateral, failure to supervise, suitability, failure to executive orders, conflicts of interest, breach of contract, expungement, supervision, senior investors, excessive trading/churning, discovery review and recommendations, and forensic accounting reports. I have prior experience as a financial management expert witness and have provided numerous clients with deposition, courtroom testimony, and consultations.
I have over 35 years experience in Financial Management with a focus in complex securities litigation, including, but not limited to: Insider Trading, Market Timing, Abusive Trading, Market Manipulation, Margin and Collateral, Failure to Supervise, Suitability, Failure to Executive Orders, Conflicts of Interest, Breach of Contract, expungement, Supervision, Senior Investors, Excessive Trading/Churning, Discovery Review and Recommendations, and Forensic Accounting Reports. I have prior experience as a financial management expert witness and have provided numerous clients with deposition, courtroom testimony, and consultations.
I have more than 30 years of experience in Forensic Accounting and have served as an expert in hundreds of disputes involving the quantification of business and personal damages resulting from: fraud schemes, personal injury or wrongful death; intellectual property infringement, including: patent, trademark, copyright, and trade secrets; breach of contract, business valuation, and contract disputes. I have assisted in the measurement of financial loses for business interruption claims in a wide range of industries, including manufacturing, retail, and professional services. I have also conducted business valuations in the context of family law, buy/sell and litigation matters. I have over 25 years of expert witness experience with consultations, deposition, and courtroom testimony.
I have over 25 years experience in the field of Real Estate Law and Brokerage. My extensive experience includes real estate transactions, real estate contract drafting, contract formation, contract performance, contract interpretation, sell and broker disclosure obligations, buyer due diligence, agency, fiduciary duties, custom and practices, standards of care, breach of contract, sales transactions, non-disclosure / fraud claims, defense of citizen suits, toxic tort claims, and CERCLA liability. I am also experienced in litigation, arbitration, and mediation of disputes involving residential and commercial purchases. I have prior expert witness experience with consultation and deposition.
I have more than 5 years of providing franchise expert witness and litigation services to attorneys and their clients, and have over 35 years of comprehensive franchise experience. My opinions are valued by attorneys, clients, and triers of facts because of my work exclusively in the franchise, license, and affiliate distribution network industries. I have the unique ability to communicate and present our positions in a fashion that attorneys, clients, insurance companies, judges, and juries can understand.
With more than 30 years experience in economic damages, I have spent my career focusing on intellectual property, royalty audits, wrongful termination, commercial litigation, and accounting fraud. I have a special emphasis in medical devices, media & entertainment, toys, video games, consumer products, oil & gas, energy, manufacturing and service industries. I have also spent over 10 years as a economic damages expert witness in Los Angeles by providing numerous clients with deposition, consultations, and courtroom testimony.
I have over 35 years experience as a practicing attorney and have expertise in the area of legal malpractice. Half of my practice is devoted to complex litigation and half to handling appeals. My legal malpractice work came as an offshoot of my appellate practice, as many potential appellate cases turn out to involve legal malpractice. My expertise includes breach of contract actions, warranty claims and insurance disputes, business litigation, complex high asset/income divorce proceedings, and consumer class actions. I also offer knowledge advice regarding disputes over fees charged by attorneys, experts, or forensic accountants. I have prior expert witness experience, including deposition testimony.
I have more than 55 years of Legal experience as an Attorney. My practice has been devoted to financial and business transactions including the structuring of a wide variety of financing transactions. I have also actively prosecuted civil and bankruptcy matters on behalf of financial institutions and defended lender liability lawsuits. I have a wealth of experience in the legal and business aspects of secured and unsecured lending for all types of credit facilities. I have authored a monthly column and for 25 years have written a monthly Internet column on recent developments of interest to financial services attorneys. I have over 5 years of expert witness experience with consultations and deposition.
I have more than 30 years of experience in Hospital and Health System Senior Management, including the last 15 years as CEO and Regional CEO of various hospitals in Southern California. I have extensive experience and expertise in the areas of hospital operations and finance, business contractual matters, physician and medical group operations, managed care and medical insurance issues, health care regulatory matters, and employment and union issues.
I have more than 10 years of experience in financial and economic analysis. My expertise includes using economic, financial, and statistical fundamentals to provide solutions to clients involved in complex disputes. My project experience includes disputes related to shareholder damages, insider trading, white collar fraud, securities, valuation, wage and hour claims, employment discrimination, lost profits, commercial damages, valuations, fraudulent conveyance, breach of contract, antitrust issues, and intellectual property. I have developed in-depth expertise in the application of complex statistical and econometric methodologies to issues of evaluating liability and damages, particularly in complex financial disputes, securities fraud cases and employment matters. I have over 10 years of expert witness experience with consultation, deposition, and courtroom testimony.
I have more than 15 years experience in the field of Financial Dispute Resolution with expertise in economic, financial and valuation consulting and have provided expert testimony on economic damage issues. I have participated in matters involving shareholder disputes, diminution of business value, economic loss, product liability, fraudulent conveyance, breach of contract and fiduciary duty, stock manipulation as well as others. I have a diverse background in consulting clients on valuation, economic damages, corporate finance strategy and reorganization issues and have advised clients representing a variety of industries, including banking, retailing, manufacturing, healthcare and real estate. I have over 10 years expert witness experience with consultation and deposition.
I have more than 35 years experience in field of Financial Management with expertise in financial disputes, accounting and economic analysis. I am highly experienced with personal damages such as those concerning wrongful death, medical malpractice, personal injury, employment, and labor benefit issues. My experience also includes commercial matters involving business interruption, liability, as well as breach of contract, fiduciary duty, and patent infringement. I have over 20 years expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 60 years experience in the field of Mechanical Engineering with expertise in electronic packaging engineering for harsh military and space environments, acoustic engineering, optics, fiber optics, and laser technology. I have experience with accident reconstruction, and investigating engine failure, boating and marine accidents, breach of contracts and warranty, construction accidents, and construction contract compliance and contract claims. I have further experience with defective maintenance and products, fire origin and cause/burn injuries, machinery accidents, negligence, patent infringement, premise liability, railroad accidents and injuries, traffic controls, and underground utilities. My experience in product design, design for safety, and quality control for various products provides a comprehensive practical expertise background in addition to the technical expertise. I also have forensic engineering experience involving fracture failure of glass products such as beer bottles, whiskey bottles, a decorative vase, and shower doors. I have over 20 years expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 40 years experience in the field of Petroleum Drilling with expertise in directional, horizontal, high-angle, and extended-reach drilling, and well configurations. I have experience in drilling equipment and rig operations, contractual dispute, drilling operations management, and in the administration of rig and operating company personnel, as well as in the implementation and administration of safety policies and standards. I thoroughly understand negotiation and administration of drilling-related contracts. I am also familiar with the application of the Drilling Engineering function to drilling and drilling-related activities. Additional, I have worked with abnormally pressured and sloughing shale, shallow gas, managing pressure, and under-balanced drilling conditions.
I have more than 25 years of experience in due diligence (investments), global electronics manufacturing of medical, automotive electronics, communications equipment, and other advanced technology products. Since 1999, I have worked as an independent consultant to major corporations on key issues related to electronic manufacturing services (EMS). I offer my clients an uncommon set of experience and skills – broad industry knowledge; world-class research and analysis, contract preparation, creative and persuasive report writing, all needed for successful results in complex litigation projects. I have experience with PCBA/SMT production, supply chain management, cost reduction, new product introduction (NPI), contract negotiation, business consulting, and have provided important first-hand foundational understanding of outsourcing risks and opportunities. I have over 5 years expert witness experience with consultations and deposition.
I have more than 35 years experience in the field of Clinical Psychology specializing in toxic exposures, medical malpractice, psychiatric malpractice, psychological malpractice, wrongful termination, sexual harassment, race / gender employment discrimination, parole evaluation, issues relating to police and sheriff departments, traumatic assault, breach of contracts, post-traumatic stress disorder as it relates to airplane crashes, car accidents, industrial accidents, or deaths of family members. I have over 25 years of expert witness experience with consultations, deposition, and courtroom testimony.
I have over 45 years experience as a C.P.A. (Certified Public Accountant) specializing in accounting, auditing, financial analysis, financial reporting, and forensic accounting. I have experience with audit failure, financial reporting irregularities, contractual breaches, and related matters, as well as numerous matters for the US Securities and Exchange Commission, US Commodity Futures Trading Commission, and US Department of Justice. I have more than 25 years expert witness experience.
I have more than 25 year of experience in Forensic Accounting. I have reviewed financial records, pleadings, deposition testimony, discovery responses, and other evidence to estimate economic damages, lost profits, and lost earnings. I have also assisted in preparing discovery demands. My civil case exposure includes fraud, breach of contract, negligence, intellectual property, wrongful termination or death, and personal injury and accidents. Cases have involved different industries including: government agencies, manufacturing/distribution/retail, banking, insurance, and real estate. I have prior expert witness experience.
I have over 40 years experience as an insurance lawyer and former claims manager for a large multiline insurer. My expertise includes: analysis of coverage issues, attorney fees, bad faith claims, insurance code, deceptive trade practices, agency errors and omissions (E&O), claim file audits, insurance disputes, analysis of attorney fees, casualty / property claims, risk analysis, worker’s compensation, and complex arbitration / mediation. I have more than 10 years expert witness experience with consultations, deposition, and courtroom testimony.
I have over 40 years experience with banking and commercial finance. My finance company specializes in expert witness testimony and consulting to banks on the improvement and secondary marketing of loan portfolios; collection and / or outplacement of troubled borrowers and loans; SBA financing; banking regulations; breach of covenants; credit reporting laws, bank policies; standards of conduct, accounts receivable financing and factoring; equipment loans, and loan placement. I have more than 20 years expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 40 years experience in the field of Franchising with expertise in feasibility studies and development of franchise programs. I have experience with problem solving for existing franchisors, due diligence, breach of covenants, evaluation of franchisee relations, and expansion strategies. I have additional knowledge of encroachment, vicarious liability, good faith and fair dealing, terminations, non-performance, definition of a franchise, sub-franchising, damage scenarios, advertising programs, misrepresentation, restrictive covenants, and multiple brand franchisors. I have prior expert witness experience.
I have more than 30 years of experience in the Fixed Income Securities and Structured Finance Markets. My experience includes deep knowledge of Asset Backed Securities (ABS), Mortgage Backed Securities (MBS), Commercial Mortgage Backed Securities (CMBS), Collateralized Debt Obligations (CDOs), Asset Backed Commercial Paper (ABCP), Structured Investment Vehicles (SIVs), Due Diligence (Investment), and Breach of Covenants, Broker Responsibilities, Broker Ethics, Credit Risk Management, other Structured Finance products. I have a particularly broad perspective on the market and have worked as a Strategist, Quantitative Analyst, Banker, Rating Agency Analyst, Research Analyst, Collateral Manager, Fund Manager, Chief Credit Officer, Chief Investment Officer (REIT), Salesman, and Investor. I have been on both the sell-side and buy-side of the market (buying and selling billions of dollars of Structured Finance securities) and have a thorough understanding of both the big picture and nuances of the Fixed Income and Structured Finance markets. I have prior expert witness experience with consultation and deposition.
I have more than 30 years experience in the field of Computer Software and Firmware with expertise in software and firmware development. I have experience with general embedded software development, primarily in computer storage devices and controllers, hard disk drive, medical devices, and printer and scanner devices. I have additional experience with patent infringement, forensic product examination, prior art research, patent re-exams/invalidity, source code examination, intellectual property, and trade secrets. I have over 15 years expert witness experience.
I have over 20 years experience in Accounting specializing in privately owned businesses, business owners, and individuals facing complex tax issues. I have experience with corporations, S-corps, partnerships, LLCs and sole proprietorships. I also specialize in complex tax issues for businesses, individuals, and estates, as well as clients who are being audited by the IRS or need to file past due taxes for multiple years. I have additional experience with taxed transactions, valuation, audits, mergers & acquisitions, and financial reporting. I have prior expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 40 years experience in the field of General Contracting with expertise in practical solutions to building performance issues. I have experience with foundation repair, seismic retrofitting, testing and evaluation of fire and water damage. The scope of services I am typically asked to provide includes investigation, destructive testing, windows installation, repair recommendation development, construction procedures, cost estimation, and presentation of findings in cases of construction defects, building envelope defects, insurance coverage, bad faith, failure to disclose, fraud, and criminal negligence and project mismanagement. I have over 10 years expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 15 years experience in the field of Forensic Economics with expertise in accounting, finance, litigation consulting and financial investigations. I have knowledge of lost earnings and fringe benefits, lost business profits, business interruptions, breach of contract, valuation of life care plans, cost of care assessments, misappropriation of trade secrets, damage calculations, misappropriation of assets, loss of household services, and forensic accounting and fraud investigations. I have additional experience with evaluating and calculating economic damages stemming from litigation involving personal injury (including medical malpractice), commercial business disputes, wrongful death, and employment disputes (wrongful termination and discriminatory actions). I have over 15 years expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 10 years experience in the field of Forensic Linguistics and Sociolinguistics with expertise in investigative interviews, prosody, discourse analysis, sociolinguistic profiling, English syntax grammar, language, quantitative and qualitative analyses, the information structure of it-clefts, wh-clefts and reverse wh-clefts in English. Additional knowledge in Lexicography, and Concept-based software programming for natural language processing; semantic and syntactic template creation; semantic domain specific research; and software testing and evaluation of linguistic accuracy. I have over 5 years expert witness experience with consultations, deposition, and courtroom testimony.
I have over 30 years experience in the field of Intellectual Property and Finance. I have extensive experience in intellectual property (primarily patent and trademark) and other business and personal litigation matters, including determination of economic damages including: lost profits, business appraisal/valuations, valuation of intangible property and technology, and breach of contract matters. My patent case experience includes calculation of lost profits and reasonable royalty damages. I have more than 30 years of expert witness experience with consultations, deposition, and courtroom testimony.
I have over 30 years experience in the field of Accounting. My experience includes taxation, forensic accounting, claims support for insurance companies, matrimonial accounting, business valuations, economic damage calculations, lost profits, lost wages, business interruption losses, wage losses, professional liability damages, inventory losses, loss of earnings, bond claims, fraud, financial motive, subrogation, breach of contract damages, environmental clean-up damages, income determination, and alternative dispute resolution. I have more than 10 years expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 40 years experience in Accounting, Fraud, and Tax matters. I specialize in analysis of profitability, projection of future profits, adequacy of corporate accounting records, investigation of fraud, CPA malpractice, adequacy of tax advice, impact of tax legislation, trust accounting, and accountant’s malpractice. My expertise also includes negligence, punitive damage calculations, fraud claims, analysis of lost profits, partnership allocations issues, estate tax matters, business valuations, effective tax rates, and other issues. I have over 30 years expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 35 years experience in the field of Safety Engineering with expertise in architecture, engineering, design, and construction. My experience includes residential inspections, which involves special buildings, tents/tent structures, pedestrian walkways, and outbuilding. I have additional knowledge of onsite design and engineering as a tradesperson, apprentice, journeyman, foreman, superintendent, project manager, and construction manager ranging through Commercial, Industrial, Petro-Chemical, and Educational, Residential, and Theme Park environments. I have hands-on management experience in all phases of civil, structural, mechanical, electrical, masonry, plaster, wood/metal framing, drywall, electro-mechanical/HVAC systems, and steel construction. I am familiar with the regular citation of specific codes/standards/adopted regulations. I have over 10 years expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 10 years experience in the field of Finance and Accounting. My experience includes financial analysis, lost profit analysis, forensic accounting, royalty / distribution audits, and calculations involving disputes. I have prior expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 35 years experience in financial institutions with proven leadership in all situations, including particular expertise in credit risk management, performance-based operations, profitability, quality, customer service, mortgage backed securities, real estate evaluation, breach of covenants, appraisal review, underwriting, lender liability, industry standards, prudence, and the permutations and perils of sub-standard and low quality lending practices. My experience includes: mortgage banking; residential mortgage lending; mortgage loan buybacks; subprime and standard mortgages; consumer financial services; loan and organization due diligence; lender liability; real estate and loan valuations; and all aspects of residential lending. I have more than 5 years expert witness experience.