Litigation Support
How to Ensure Your Business Valuation Is Defensible in Legal Disputes in 2026
· 10 min read
· 5 min read · Ed Wandtke, CVA
Business owners often begin looking for a valuation firm after a significant event has already occurred. They may be considering the sale of their business, planning for succession, resolving a shareholder dispute, preparing for estate planning, or responding to a request from an attorney or accountant.
At that point, the question becomes: who should I trust to value my business?
Not all business valuations are the same, and neither are the firms that prepare them. Choosing the right valuation professional can make a significant difference in the quality of the analysis and the confidence you have in the conclusion.
Business valuation is more than applying formulas or selecting an industry multiple. Every privately held business has its own strengths, challenges, and risks that influence value.
An experienced valuation professional understands how factors such as customer concentration, management depth, recurring earnings, industry conditions, and owner dependence can affect the value of a business. Those issues cannot be identified from financial statements alone.
The longer someone has been valuing businesses, the more likely they have encountered situations similar to yours.
One of the first questions a valuation professional should ask is: what will the valuation be used for?
A valuation prepared for the sale of a business may differ from one prepared for estate planning, litigation, a buy-sell agreement, or a shareholder dispute. The intended use often determines the scope of work, the level of documentation required, and the reporting standards that should be followed.
Before discussing value, a qualified valuation firm should understand the purpose of the engagement.
Many business owners ask for a value because they simply want to know what their company is worth. While that seems like a straightforward question, the answer is rarely as simple as applying a multiple to earnings.
A professional valuation examines how the business generates income, the risks associated with future performance, the quality of earnings, market conditions, and the company's underlying assets. Professional valuation standards generally require consideration of the asset, income, and market approaches before reaching a conclusion.
The final value is supported by analysis — not by a shortcut.
Every valuation professional receives calls asking for a "ballpark" value or a "quick and dirty" estimate. While those requests may appear harmless, experience has shown that preliminary estimates often become numbers that others rely upon during negotiations, financing discussions, estate planning, or even litigation.
A thorough valuation requires more than financial statements. It involves understanding the business itself, identifying unusual or nonrecurring items, evaluating risk, and determining whether reported earnings truly reflect the company's economic performance. Without that analysis, the resulting value may be misleading.
A reputable valuation firm should explain its process before beginning the engagement. You should understand:
The process should be transparent, logical, and tailored to the purpose of the valuation.
A valuation should represent an objective opinion — not the number someone hopes to achieve. Whether the valuation is being prepared for a transaction, tax planning, or litigation, credibility comes from independence. An experienced valuation professional follows the facts, even when the conclusion may not match a client's expectations.
That objectivity is often what gives the valuation its greatest value.
Many business owners compare valuation firms based primarily on cost. While cost is certainly a consideration, it should not be the deciding factor.
The cost of a comprehensive valuation is usually small compared with the financial consequences of relying on an unsupported opinion. An inaccurate valuation can affect negotiations, financing, tax reporting, ownership transfers, and legal proceedings in ways that are far more expensive than the valuation itself.
Look for professionals holding the CVA (Certified Valuation Analyst) from NACVA, the ASA (Accredited Senior Appraiser) from ASA, or the ABV (Accredited in Business Valuation) from the AICPA. These credentials require demonstrated competency, examination, and continuing education in business valuation.
Ask directly about engagements in your sector and the firm's familiarity with industry-specific valuation considerations, such as customer concentration risk, recurring revenue models, or intangible asset intensity. Experienced firms will be able to describe how those factors affect value without prompting.
An independent valuation professional has no financial interest in the outcome of the engagement. That independence is what allows the conclusion to withstand scrutiny from the IRS, opposing counsel, lenders, and other parties who will examine the report critically.
A conclusion of value is a fully documented, standards-compliant opinion of value that considers all applicable approaches and methods. A calculation engagement applies agreed-upon procedures to produce a number, but it carries significant limitations and is not suitable for most litigation, tax, or third-party purposes.
Most engagements take three to eight weeks from the initial request through the final report, depending on the complexity of the business and the speed with which financial records and supporting documentation are provided.
A business valuation should provide more than a number. Contact Wandtke & Associates to discuss how we approach your specific situation.
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