CommonWealth assists legal counsel to clients involved in disputes being resolved through negotiation, mediation or litigation by advising on the business and technical elements of the matter in dispute and by providing expert witness testimony. Examples of services offered by the firm in support of client dispute resolution and litigation efforts include the following:
• Market and competitive analyses, such as assessments of markets for solid waste disposal capacity, and preparation of forecasts of “tipping fees” for waste disposal in geographic regions, to evaluate the claimed damages and other economic consequences of alleged defaults under long-term waste disposal agreements.
• Economic (or “income approach”) valuations of existing or proposed facilities on sites being taken by eminent domain;
• Assessment of the consequences of Uncontrollable Circumstances and Changes-in-Law in long-term service agreements;
• Critical review of the basis in facility design and construction for failure to achieve guaranteed performance standards for facility acceptance;
• Critical review of facility operations vs. good industry practices and other applicable standards;
• Evaluation of the adequacy and reasonableness of opinions and disclosures in feasibility reports accompanying tax-exempt private activity bond financings;
• Review, interpretation and/or application of service agreement price-cost provisions, such as service fee formulas, performance guarantee adjustments, pass-through cost adjustments, and inflation adjustments;
• Review and/or preparation of the technical content of complaints, briefs, responses to interrogatories and other attorney-prepared documents; and
• Preparation of expert opinions and delivery of expert testimony.