Expert-witness equipment appraisals and litigation support.
A litigation appraisal from Lukes & Lukes is an independent, USPAP-compliant opinion of value, prepared to stand on its own under cross-examination. The same certified appraiser who values the equipment can support the file through deposition and trial.
Which value applies
The premise follows the matter.
The right premise of value depends on what is in dispute, and naming it correctly is the first thing opposing counsel will test. Most disputes turn on Fair Market Value (FMV), the price a willing buyer and willing seller would agree to. Bankruptcy and creditor recovery turn on Orderly Liquidation Value (OLV) and Forced Liquidation Value (FLV), the proceeds from a controlled sale or a compelled one. Where a loss or replacement is at issue, Replacement Cost New (RCN) applies. We identify the premise the matter requires, define it on the record, and value the assets against it.
- Fair Market Value (FMV): the working premise in most commercial, shareholder and family-law disputes
- Orderly Liquidation Value (OLV): proceeds from a controlled, advertised sale, common in bankruptcy and workouts
- Forced Liquidation Value (FLV): proceeds under compulsion, where a debtor or estate is wound down quickly
- Replacement Cost New (RCN): the basis where a casualty loss, conversion or replacement is at issue
- Documented methodology: the approach and the data behind every number are written out, not assumed
Related situations
The matters that bring a valuation into court.
Equipment disputes rarely arrive alone. A bankruptcy needs liquidation value, a divorce needs fair market value, and the equipment itself can sit in any specialty. Start with the situation, and we map it to the premise and the assets involved.
Who orders it
The people who put the number in front of a judge.
Litigators and their clients order a litigation appraisal to support a damages or value position in a commercial dispute. Bankruptcy counsel and trustees order one to establish what an estate's equipment is worth to creditors. Family-law attorneys order one to value the equipment inside a marital business. Corporate counsel order one for shareholder, partnership and insurance matters. Each of them needs a number that holds when the other side pushes back.
What you get
A file built to survive cross-examination.
You receive a complete report, not a printout: a written narrative of scope and methodology, an itemized appendix valuing each asset, and photographs from inspection. Independent and certified, with senior review before it leaves. The appraiser who signs it can explain every line of it under oath.
- Cost, market and income approaches applied by a certified appraiser, not a database
- Itemized appendix, narrative and photographs in every file
- Independent senior review on every report
- Deposition and trial testimony from the same appraiser who prepared the valuation
- Lender- and finance-fluent: Jesse Lukes came up inside the bank at BMO, originating loans and reviewing collateral, so the file reads the way a lender reads it
Common questions
Answers, up front.
Can an equipment appraiser testify in court?
Yes. A qualified appraiser can serve as a testifying expert, supporting the valuation through deposition and at trial. The same certified appraiser who inspected the equipment and prepared the report explains the methodology and defends each conclusion under examination.
What makes an equipment valuation defensible in court?
Defensibility comes from four things: compliance with USPAP, the appraiser's independence from the parties, a documented methodology that shows how each number was reached, and a complete file. Our reports include a written narrative of scope and methodology, an itemized appendix valuing each asset, and photographs from inspection, so the opinion can be tested line by line and still hold.
What about valuations for bankruptcy matters?
Bankruptcy and creditor recovery usually call for Orderly Liquidation Value (OLV) or Forced Liquidation Value (FLV) rather than Fair Market Value (FMV). We identify the correct premise for the proceeding, value the estate's equipment against it, and prepare a USPAP-compliant report that counsel and trustees can put in front of the court.
How do you handle an opposing appraisal or rebuttal?
We review the opposing report against USPAP and against the data, identify where its premise, scope or methodology does not support its conclusions, and document the analysis. Because our own opinion is independent and fully supported, the rebuttal rests on the file, not on assertion.
Are your litigation appraisals accepted by the courts?
Yes. Reports are USPAP-compliant, prepared by a NEBB-certified Machinery & Equipment Appraiser (CMEA), and built to withstand lender, SBA, IRS, audit and legal review. They are written to be defended in deposition and at trial.