Pre-Judgment Interest Even If Damages Are the Main Issue
C.R. Batts Const., LLC v. 101 Const. Co. is a good case for seeking pre-judgment interest. The law in Tennessee is generally that pre-judgment interest is available when liability is not disputed on reasonable grounds, and damages can be calculated by some proper accounting. In this breach of contract case, both sides agreed that the contract was for the defendant to buy rock at $20 per cubic yard. The two parties disagreed on the amount of rock that was actually delivered, and both sides had expert testimony in their favor. The Western Section Court of Appeals affirmed pre-judgment interest for the plaintiff. Once the trial court determined how much rock was delivered, the total money owed was a certain enough calculation to allow pre-judgment interest.
If you had to prove absolute certainty of both liability and total damages, you would effectively be proving a frivolous defense. Fortunately, that's not the law. Even if you have a few variables for the court to decide, if you have a definite formula to calculate the total damages (especially a contractual one), you still may be entitled to pre-judgment interest.