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Area of Practice

Civil and Contract Disputes

In civil and contractual disputes, the legal question of who breached what is usually accompanied by a technical one: how much that breach cost, and how the amount owed should be calculated.

In Summary
Nonperformance, termination, contract revision and civil liability claims in which the controversy turns on monetary values and calculations.

Context of application

Supply, distribution, agency, construction, lease and financing agreements create payment obligations, performance targets, price adjustments and penalties. When the relationship breaks down, each party's records have to be read against the contract's own clauses in order to quantify credits, debits and losses.

When this analysis is needed

  • Termination of distribution, franchise and commercial agency agreements.
  • Claims to revise a contract on the ground of economic and financial imbalance.
  • Civil liability claims seeking actual damages and lost profits.
  • Actions demanding an accounting (rendering of accounts) under contractual relationships.
  • Liquidation of judgments in indemnification proceedings.

Questions typically analyzed

  • Lost profits, actual damages and lost revenue.
  • Economic and financial imbalance in contracts.
  • Revision of revenue, expenses and contractual obligations.
  • Indemnities provided for under Brazilian Law 4,886/1965 — the commercial agency statute known as the 'Lei Renato Ferrari' — which governs termination payments owed to sales representatives and agents.
  • Determination of credits, debits and balances between the parties.
  • Pension-type awards, indemnities and the liquidation of judgments.

How SGEx Approaches This

SGEx reads the clauses that affect monetary values, gathers the records generated while the contract was being performed, and builds calculations that show, step by step, how each amount was reached.

SGEx does not provide legal advice. Its contribution is technical: organizing the economic, financial, accounting and asset-related facts so that lawyers, companies and parties can understand the substantive dimension of the controversy.

Steps in the SGEx methodology

Possible Work and Deliverables

The format is defined according to the case, the proceeding and the purpose of the work.

  • Quantification expert opinion
  • Judgment-liquidation calculations
  • Expert report
  • Review of the opposing party's calculations
  • Expert questions

Related Experience

Knowledge Network

Other SGEx Solutions

Services, specialties, contexts and industries connected to this topic under SGEx's relationship matrix.

Next Step

Request an Analysis

Describe the technical question, the context in which it arose, and the documents available. This information lets SGEx assess the scope of the work before any proposal.