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.
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.
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
Other SGEx Solutions
Services, specialties, contexts and industries connected to this topic under SGEx's relationship matrix.
Related Services
- Economic and Financial Expert AnalysisAnalysis of values, cash flows, economic assumptions and financial models in disputes and decisions that turn on quantification.
- Disputes, Litigation and ControversiesEconomic, financial and accounting expert support in judicial, arbitral, administrative and pre-litigation controversies.
- ArbitrationTechnical analysis, quantification and expert assistance in arbitral proceedings involving economic, financial and accounting issues.
- Accounting Expert ExaminationIndependent expert examination of accounting records, financial statements and calculations, prepared for judicial, arbitral and administrative proceedings.
- Court-Appointed Expert ExaminationsAccounting, economic and financial expert examinations conducted under court appointment, with a technical report and responses to clarifications.
- Banking Expert ServicesTechnical examination of contracts, statements and calculations in banking transactions, to determine charges, balances and amounts paid.
- Court Calculations and Accounting SupportPreparation, review and challenge of court calculations for law firms, companies and organisations, with validation technology and high-volume production.
Related Specialties
- Damages, Losses and Economic QuantificationLost profits, actual damages, lost revenue, indemnities and the liquidation of court judgments.
- Contracts and Commercial RelationsEconomic and financial imbalance, contractual disputes, and commercial agency, distribution and dealership agreements.
- Construction, Infrastructure and Public ContractsConstruction claims, project costs, cost overruns, delays, rebalancing and concession agreements.
- Judicial Reorganization, Bankruptcy and InsolvencyPreliminary expert examination, verification and challenge of claims, asset valuation, insolvency and liquidation.
- Wealth, Family and Succession MattersAsset determination and valuation, divorce settlements, probate and estate proceedings, ownership interests and asset tracing.
- Rendering of Accounts and Financial ReconciliationExamination and reconstruction of accounts, reconciliations, and receivables, payables and balances among partners, officers and other parties.
Related Areas of Practice
- Corporate and Shareholder DisputesDisputes among shareholders, partners and officers, corporate dissolutions, buyout claims and disagreements over financial results.
- Wealth, Family and Succession MattersDivorce settlements, probate proceedings and marital disputes that call for the determination, valuation and tracing of assets.
- Tax Litigation and Administrative ProceedingsTax controversies in judicial and administrative proceedings that turn on accounting evidence and the review of tax calculations.
Related Industries
- Construction, Engineering and InfrastructureConstruction works, engineering projects and infrastructure assets subject to cost, schedule and rebalancing claims.
- Insurance and ReinsuranceClaims, loss adjustment, reinsurance treaties and disputes among insurers, policyholders and reinsurers.
- Financial and Capital MarketsFinancial institutions, investment funds, investors and publicly listed companies involved in disputes, valuations and financial reviews.
- Technology and CommunicationsTechnology, telecommunications and digital-services contracts giving rise to disputes over service failures, terminations and losses.
- Franchising and LicensingFranchise networks and licensing agreements involved in disputes over fees, fund transfers and terminations.
- Transportation and LogisticsCarriers, logistics operators and infrastructure concessionaires involved in contractual and infrastructure disputes.
- Entertainment, Arts and Creative EconomyProducers, artists, publishers, events and cultural projects in disputes over revenue, rights, box office and accounts.
- Condominiums and Residential AssociationsCondominiums, gated communities and residents’ associations in account audits, accounts of property managers and disputes over works and cost sharing.
- Games, Esports and Digital EntertainmentStudios, publishers, esports teams, tournament organizers and platforms in disputes over revenue, royalties, valuation and contracts.
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.