There are many more purposes for which valuations are used. Each has its unique presumptions. It must be understood that there is no one value and that the same investment can have a different value to different people and for different reasons. Each valuator must analyze such differences, understand the presumptions inherent in the purpose for which the valuation is to be used, and select and implement a method to determine proper value for the purpose.
The employ of expert witnesses in litigation is typically undertaken to help the decider of fact (judge or jury) decipher an area of specialized knowledge which is key to the case. The expert report serves the primary purpose of "educating" deciders of fact on topics not commonly known to the general public. However, a noncomplying expert report can wreak havoc on a case, increase costs or worse, have the expert's testimony precluded in whole or part from use at trial. This of course is contrary to the purpose of retaining an expert in the first place. Understanding the parameters of compliance (C.R.C.P. 26 (a) (2) (B) (I)) and how sanctions for non-compliance (C.R.C.P. 37 (c) (1)) may be applied is important not only for legal counsel but the expert as well under the 2015 rule updates and the recent Colorado Supreme Court case, Catholic Health Initiatives Colorado v. Earl Swensson Associates, Inc.
A London based arbitration process for breach of a contract to purchase tires brought by an International Earthmover Tire Manufacturer, plaintiff, against an International Mining Company, defendant. The Mining Company contractually agreed to order a specified number of tires or to pay 40% of the agreed selling price for any tires not ordered. This is referred to as a “Take or Pay” arrangement. The tire manufacturer contracted to produce tires that met the Tire and Rim Association OTR Handbook standards. The manufacturer did not guarantee tire performance, in terms of any performance measure.
In Part 1 of this series, I introduced the notion that roughly half of all public transportation-related incidents are the result of a deliberate trade-off of passenger safety for some system or owner's benefit. The most common benefit is the service provider's operating a schedule that is too tight.
Title IX, the law that prohibits discrimination on the basis of gender in public education programs, is also relevant in application of professional standards within the context of private school sexual abuse and harassment and their response to alleged incidents. Every school that accepts federal funding for any program or service it provides must adhere to Title IX. Most public schools, including charter schools and specialized education service commissions, accept federal assistance and, therefore, must comply with Title IX. Compliance requirements include, among other things, the development of policies prohibiting sexual harassment and assault, prompt and thorough investigation of complaints, training of staff, and the assignment of a person who oversees implementation of the law.
Easements can benefit or burden a number of parties on or around certain tracts of land. Easements are common on most parcels of land. An easement can give one the right to use another person's land for a stated purpose. It can involve a general or specific portion of the property for various different uses. Many surveyors today do not thoroughly research properties and do not always show easements on their work that may be crucial to the rights associated with a parcel of land.
As reported by the local ABC affiliate, on August 3, 2016 a patron of the Travelodge Motel in Costa Mesa, CA was assaulted with a tire iron while confronting suspected thieves in the adjacent parking lot. Fortunately, the patron received only minor injuries and was treated at a local hospital. As can be seen in the reference articles below, confrontation of persons attempting property crimes has often resulted in physical harm or death to the victim. In matters in which I have provided consultation, these parking lot confrontations have resulted in a beating, a stabbing, and a shooting.
The forensic engineering assignment typically has a scope of work that begins with something to the effect of "determine the cause of the observed damage to the..." Often this includes an inspection and analysis to determine if the observed damage is related to a particular event. For example, an assignment might ask a forensics professional to determine if the hailstorm on June 1 caused functional hail-related damage to a roof. Or, it might ask to delineate the structural fire-related damage.
We recently conducted a Cost Segregation Study for an industrial property in California's Central Valley. Of the $8.2 million purchase price, the real estate appraisal allocated over $6.4 million of the purchase price to the building with an IRS depreciable life of 39 years and the rest to land (not depreciable).
This is Part 1 of a two-part article. This part discusses valuations of distressed debtor companies based on discounted cash flows and considers the impact of the date and stage of distress. Next month, Part 2 will describe how the financial analyst derives the cost of capital for a distressed debtor company.