Business Valuation Blog | Understanding Buying / Selling a Company

Divorce Cases and Insurance Claims: An Alternative to Testifying

Posted by Business Valuation Specialists LLC on Jul 1, 2024 7:30:00 AM

Business valuation experts agreeing on value for litigation

We have worked with many clients and their attorneys over the years in support of ongoing litigation where the value of a small business and its underlying machinery & equipment is at issue with either a divorce case or an insurance claim. We have seen several situations drag out indefinitely at significant expense to the parties involved, ultimately leading to a court or arbitration hearing. The final judgment is ultimately left in the hands of a judge or arbiter who must pore through a significant amount of testimony and documents before rendering a final opinion that may or may not be favorable to those with a stake in the decision.

In rare instances, innovative ideas have been put forth by the opposing legal teams along with the judges or arbiters to create a more efficient and effective process toward settling on value issues as well as other components in a dispute. If both sides have engaged with independent valuation experts or other outside consultants who have no bias in the matter, they look to utilize them more directly and collaboratively during the pre-trial phase. The idea is for the experts to work together and come to a reasonable agreement on value, which avoids the need to carry these issues into the testimony component of the hearing or trial.

From our experience with this type of process, it has proven to be successful largely as long as the experts respect each other’s backgrounds and opinions while keeping an open mind when negotiating an agreed-upon value for their clients. The only times we have seen this alternative effort falter is when one of the independent consultants digs their heels in with only their specific interests in mind, irrespective of the other expert opinions, ultimately refusing to assist in the process reasonably.

There will always be cases where the parties are so far apart, and there are very high stakes involved that this process may not apply. However, many small business disputes involve disparities that are not that significant.

The big-picture goal of any professional consultant involved with a business or personal dispute is to be part of a team that aims to facilitate a fair settlement that hopefully works out for all parties involved. It’s improper for a professional accredited appraiser to focus their effort solely as an advocate for a particular side of the dispute. If they do, then their independence and unbiased opinions no longer apply. It’s fine if the valuation expert advocates for their work product and the conclusion of value they support. However, those opinions will always have a degree of subjectivity to them. It is incumbent on them to realize that different experts with varying experiences and points of view should be able to find common ground to help all parties involved with litigation dispute work.

Tags: divorce, business valuation appraiser, Bottling Facility Business Valuation

How is a Bottling Facility Valuation Different Than Other Business' Valuation Process?

Posted by Business Valuation Specialists LLC on Feb 3, 2020 8:00:00 AM

bottling facility business appraisal

When you're considering having your business valued, it's natural to wonder how the process differs from other industries. A bottling facility valuation has a number of differences compared to other industries. Understanding how your facility is different and how those differences impact your company's value can make a big difference in understanding how to leverage that value to your business' benefit. Here's a quick look to help you understand the process and how you can use the knowledge you gain in business valuation to your bottling facility's advantage.

How is a Bottling Facility Valuation Different Than Other Business' Valuation Process?

Let's start by looking at the daily operations of your bottling facility. You need to keep the product cold until, through and after the bottling process is complete. This is a vital part of your company's success, by ensuring the quality of your clients' product and their success. The product must be successfully bottled, ensuring that minimal amounts of the product are lost during processing to breakage, leakage and spillage. Throughout the process, the product must be kept moving efficiently through your facility so that you can keep your business running profitably.

This bottling process means that you have a great deal of business value in your company's equipment, including refrigeration, filtration, conveyance, filling, labeling and transport. The reputation of your business is also a solid part of your company's value, as your prosperity is tied up in the success of your customer's products. This particular combination of equipment and reputation is a unique aspect of bottling facilities, and must be taken into consideration by an experienced business valuation specialist when determining the value of a company.

Another area where a bottling facility is different than other industries is in the organization of the business. Many bottling facilities are franchises of major drink manufacturers, such as soda, beer, juice or similar drinks, while other bottling facilities are independent, taking on a range of new or small-scale drink companies' products to help them get off of the ground. Some facilities are huge, covering hundreds of thousands of square feet, while others are much smaller, covering a bare minimum of space to better accommodate their smaller-scale clients. A business appraiser will need to be able to take this wide range of business sizes and organizations into account and adjust their calculations of value in this process.

At the same time, business and income security must be taken into account when calculating income. Franchises that are part of a major drink business have a more secure level of income, ensuring a stronger resale value and more demand in the market. Independent businesses have a number of benefits as well, such as more flexibility in a changing economy.

A bottling facility valuation provides you with a wide range of information that you can use to grow your business, fight inaccurate tax assessments, accurately document income for insurance purposes or support your side of negotiations during the sale or purchase of a company. However, it's of vital importance that you use the services of an independent, accredited business valuation specialist. The independent nature of this type of appraiser ensures that the valuation report you receive will be accurate and free of any outside influence, calculated using methodologies that have been tested time and again in a wide range of situations.

Tags: Bottling Facility Business Valuation