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Real Estate: Commercial Expert Witnesses

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Andrew Karic
Construction Expert Witness & Consultant
6601 E. Grant Rd., Suite #119
Tucson AZ 85715
phone: 520-622-2884
Andrew Karic is a licensed General Contractor in Arizona, California and Texas with over 35 years of experience in Commercial and Residential Construction and Development. Mr. Karic's experience includes executive (CEO), entrepreneurial, and construction management expertise in virtually all areas of the construction industry. He has managed a staff of 50 plus employees and been responsible for marketing and the financial profitability for five different construction and development companies owned or operated since 1978.

Andrew Karic has worked with some of the most prominent law firms in Arizona providing expert testimony and consultation related to Construction Claims and Disputes. He has given several depositions and has issued numerous expert opinion reports. He has testified in 12 mediations and numerous bench trials for breach of contract and construction claims, including a 600 page forensic investigation for a multi million dollar glass balcony defective material case.

Most all cases have been referred to Mr. Karic based on his excellent reputation. He is known for his ethical and non-wavering approach in construction cases. Mr. Karic provides services to attorneys representing Plaintiff and Defense.

Construction Claims Services:
  • Construction Disputes
  • Construction Breach Of Contract
  • Construction Defects
  • Construction Scheduling
  • Construction Change Orders
  • Construction Damages
  • Construction Delays
  • Construction Forensics
  • View Andrew Karic's Consulting Profile.
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    Alan A. "Scotty" Herd, CRE, FRICS
    Real Estate Expert Witness
    1800 Century Park East Suite 600
    Los Angeles CA 90067
    phone: 310-285-9600
    fax: 310-557-3611
    Alan A. “Scotty” Herd, CRE, FRICS, has been a prominent expert in the Real Estate Industry since 1963. After graduation from UC Berkeley with a degree in business administration/real estate, Mr. Herd joined his father’s firm in West Hollywood and Beverly Hills until forming his own firm in 1966. He is currently licensed as a real estate broker in California, Colorado, and Arizona.

    Mr. Herd has been involved in more than 2,000 real estate transactions as either a manager or salesman and has formed more than fifty limited partnerships and joint ventures. He has also acted as a (non-litigation) fee consultant to companies and investors on real estate portfolios, including several Fortune 100 financials and industrials. Mr. Herd has served as president of three property owner associations (HOAs). He has taught and written articles on real estate consulting and was the principal author on real estate consulting in the State of California Real Estate Reference Book.

    Litigation Support - Scotty Herd has been engaged as a litigation consultant by more than 200 law firms in more than 650 cases in Southern California, including a third of the fifty largest law firms in Los Angeles County. He has testified as an expert witness more than 250 times.

    Mr. Herd’s client list includes not only infrequent real estate litigators, but litigators who do real estate all the time. Sixty-five per cent of clients are returning clients. His services are available to counsel representing both Plaintiff and Defense. Mr. Herd has jury-friendly testimony skills from more than thirty-five years of UC Extension real estate instruction experience.

    Mr. Herd has given court testimony in more than 65 areas of real estate topics, including but not limited to:
    • Sources and Applications of Standard of Care
    • Disclosure Responsibilities
    • Agent Supervision Criteria
    • Agent Custom and Practice
  • Due Diligence Responsibilities
  • Commission Disputes
  • Ethical Obligations
  • Obligation of Skill and Care
  • CV Available Upon Request
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    Eric L. Risberg
    268 Bush #2100
    San Francisco CA 94104
    phone: 415-531-1414
    fax: 415-449-3606
    Eric Risberg is a Commercial Real Estate Expert Witness with nationwide experience and a strong emphasis on California real estate. He has been advising clients on commercial real estate matters since 1993. Mr. Risberg is the founder of Advanced Appraisal International, Inc., based in San Francisco, California. Earlier in his career, he provided commercial real estate appraisal services to American Appraisal Associates, the world’s largest independent valuation firm. Mr. Risberg has appraised property for more than 400 clients, including over 20 Fortune 500 companies in over 30 states.

    Noteworthy projects include participation in the valuation of more than 200 investment-grade properties for a major U.S. Life Insurance Company, more than 50 hotel valuations for Marriott International, nationwide retail property portfolio valuations for Copley Real Estate Advisors, and the appraisal of high-rise office buildings in Los Angeles, Chicago and San Francisco.

    Mr. Risberg has been hired as an Expert Witness on many occasions and has testified at trials for a number of cases. His expertise is called upon to value complex properties and advise clients on real property matters. Consulting Services are also provided in mediations, arbitrations or other Alternative Dispute Resolution (ADR) settings such as JAMS or the American Arbitration Association to resolve matters that are not expected to go to trial.

    Areas of Expertise:
  • Changes in Market Conditions
  • Construction Defect Litigation
  • Forensic Valuations
  • Land Value Disputes
  • Real Estate Broker Standard of Care
  • Ground Leases
  • Residential Properties
  • Landlord-Tenant Disputes
  • Physical Damage Claims to Real Estate Due to a Variety of Natural or Man-Made Causes
  • Land Use and Zoning Issues
  • Lease-Option Arbitrations
  • Divorce Cases
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    Allan D. Snyder
    26895 Aliso Creek Road, Suite B-714
    Aliso Viejo CA 92656
    phone: 949-305-9199
    fax: 949-305-8297
  • Depositions: 800+
  • Mediations & Arbitrations: 100+
  • Trial Testimony: 80
  • More than 10,000 properties inspected.
  • California, Florida, Texas, New Jersey, Massachusetts,
  • Nevada, Arizona, Washington, South Carolina, North Carolina,
  • Hawaii, Idaho, Alabama, Colorado, Pennsylvania,
  • Montana, Tennessee, Ohio, Mississippi, Missouri, North Dakota
  • Standard of Care; Custom and Practice
  • Building & Safety Codes
  • Fair Housing Practices (FEHA)
  • Personal Injury (Slip, Trip & Fall)
  • Premises Liability
  • Landlord/Tenant
  • Multi-family Units Managed: 25,000
  • Association, Hospitality, & Timeshare Units Managed: 100,000
  • Associations Managed: 1,000
  • Commercial Properties Managed: 1,250,000 sq.'
  • Mobile Home & RV Spaces Managed: 3,800
  • Single Family Units Managed: 3,500
  • Commercial Property Inspections Performed: 900
  • Association Property Inspections Performed: 3,600
  • Parking lots and Parking Structures: Personal Injury; Snow & Ice

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    J.F. Chip Morrow
    Nationwide coverage
    San Antonio ALL States 78261
    phone: 866-365-7212 (Toll Free)
    fax: Toll free 866-869-4062
    Profile: 47+ yrs experience in financial, mortgage & business institutions including 17+ President, CEO & Director & 6+ director of a mortgage company. 15+ years of leadership/ directorships in national & state trade associations. Over 500 federal & state nationwide cases i for FDIC, FannieMae, financial institutions, mortgage companies, businesses, non-banks, individuals. Services provided: consulting, depositions, reports, affidavits & court testimonies.

    Expertise: Financial Institutions, Mortgage Institutions, Business, Real Estate. Residential mortgage loans,construction loans, commercial real estate loans, business loans, SBA; Operations; Fraud; Lender Liability; Policy & Procedures; Fiduciary Duties, D & O conduct, Other. Reports, depositions & court testimony in Federal, Bankruptcy & state courts.

  • 500+ nationwide cases working both for defendants and plaintiffs.

  • 20+ years of in-house, industry, and outside expert witness experience.

  • 75+ depositions taken and 35+ court appearances in both Federal and state courts.

  • Clients: FannieMae, FDIC, Freddie Mac, FHA, VA, Viacom, Wells Fargo Bank, State of CA, Bank of America, Amex, Citicorp Mortgage, Washington Mutual, Bank One, Long Beach Mortgage, EMC Mortgage, JPMorganChase Bank, PacifiCare, Beal Bank, Avnet, Fidelity Title & First American Title

  • Approximately 50% of cases are for financial institutions, 40% against financial institution and 10% are other.

  • Serving clients nationally— 40% plaintiffs and 60% defendants.

  • Resume, fee information and references provided on request.
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    Lee Bartholomew, ASA, MRICS
    Senior Appraiser / Principal
    200 B Street
    Suite C
    Davis CA 95616
    phone: 530-750-1001
    fax: 530-750-1101
    Lee Bartholomew, ASA, MRICS, has over 29 years of full-time experience as an Appraiser. He is an Accredited Senior Appraiser by the American Society of Appraisers (ASA), a Designated Member of the American Society of Appraisers, and a Member of the Royal Institution of Chartered Surveyors.

    With a background in finance, Mr. Bartholomew has been appraising all property types since 1985. His assignments have included simple and complex properties in most Northern California Counties. His property specialties include agricultural and ranch properties, land (all types), and commercial assignments. Residential assignments are accepted on a case-by-case basis as he specializes mainly in high value or unique homes. Mr. Bartholomew is also an expert at cohousing valuation.

    Litigation Support - Lee Bartholomew has completed more than 340 appraisal assignments for estate settlement purposes, and more than 150 assignments for family law matters. His other assignments have included easement valuations, tax appeal cases, and a substantial body of work associated with all types of litigation support. Mr. Bartholomew's legal services include:
    • Arbitration and Mediation
    • Eminent Domain and Condemnation
    • Expert Witness Testimony
  • Family Law and Divorce Equity Distribution
  • Litigation Support
  • Trust, Estate, and Date of Death
  • View Lee Bartholomew's Consulting Profile.
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    Capital Consultants Realty Services
    Roland Freeman
    5720 LBJ Freeway Suite 460
    Dallas TX 75240-6328
    phone: 972-233-3550
    fax: 972-233-3540
    Roland D. Freeman is a Real Estate Finance and Property Management Expert with experience in Group Investment, Acquisitions, Marketing and Development. He holds the CPM, CRE and FRICS designations from IREM, Counselors and Royal Chartered Surveyors. Mr. Freeman's total lifetime transactions have passed the four billion dollar level. Besides being involved in some manner with over 175,000 apartments, he has handled development, management, and/or finance on several million square feet of retail, industrial, and office space as well as six hotels. His subdivision and site development experience has covered nearly 1,000 acres. During the last 50 years, Mr. Freeman estimates that he has been to 2,000 closings and signed nearly one billion dollars worth of real estate mortgages. He now has over 100 public and private real estate syndications added to his experience.

    Mr. Freeman now devotes most of his personal time to consulting, research and litigation support. His cases deal with Property Management, Finance, Construction, Development, Acquisitions, Due Diligence, Syndication, Partnership and Real Estate Brokerage and Accounting Issues. He has given testimony in Federal Bankruptcy, Tax and District Courts and numerous State and County Courts. He also participates in arbitration panels and as an NASD arbitrator. Mr. Freeman's cases have been 70% defense, 30% plaintiff in twenty-five years as an expert.

    Mr. Freeman has been an officer in numerous professional and trade organizations including the Presidency of two national groups. He is a frequent speaker and writes and teaches in industry schools and seminars. He has received numerous awards for outstanding service and achievement in his field of expertise.

    Areas of Expertise:
    • Maintenance and Security
    • Development Feasibility
    • Bankruptcy Plan Feasibility
    • Property Management Standards
    • Fraud in Sales Transactions
    • Due Diligence Issues
    • Standards of Care in Employee and Resident Screening
    • Contractor Supervision
    • Forensic Property Management Accounting Issues
    View Consulting Profile.
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    Commercial Assessment Consultants, Inc.
    Michael J. Schaaf
    23744 Oakfield Road
    Suite 204
    Hidden Hills CA 91302
    phone: 818-888-2013
    fax: 818-888-2063
    Specialties: Property Tax Assessment & Valuation Issues affecting California Property.

    Consulting/Expert Witness Experience Civil: Testified in court and jury trials on issues related to property tax payments & adverse possession.

    Previous Positions/Appointments: Former Deputy Assessor, County of Los Angeles; Former Manager, Arthur Anderson; Former Senior Manager, Price Waterhouse.

    Publications: Quarterly Columnist, California Real Estate Journal; Frequent Contributor, Los Angeles Business Journal.

    Degrees/Licences: BS, Business Administration-Management Option, California State Univ, Northridge.
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    E. Robert Miller
    President, CPM, CIPS, CMC
    330 Primrose Road, Suite 606
    Burlingame CA 94010
    phone: 650-373-0705
    fax: 650-373-0709
    E. Robert Miller has over 40 years of service to the real estate profession and has unrivaled expertise in Property Management Techniques. As President of E. Robert Miller & Associates, he provides Expert Witness Consulting and trial work, educational services and business development services.

    Mr. Miller has served on more than 850 cases as an Expert Witness or Consultant in the property management field since 1996. He was the 2004 Northern California Expert Witness Association President. Mr. Miller's experience and thoroughness in research, depositions and trial situations makes him your best choice for an expert witness in property management litigation.

    Areas of Expertise
  • Accident or Assault - Safety/Security Conditions
  • Improper Eviction
  • Unpaid Rent - Habitability Standards
  • Contractor Dispute
  • Partnership Dispute
  • Bankruptcy
  • Animal Control
  • Security Deposits
  • Association Board Responsibilities/Management Duties
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    Edwards and Cherney, LLP
    Craig Cherney
    14300 N. Northsight Blvd.
    Scottsdale AZ 85260
    phone: 480-240-0040
    fax: 480-656-9566
    Craig Cherney, Esq. is a Private Equity and Pooled Investment Fund Manager familiar with Standards of Care and Fiduciary Duties between investors and the real estate sponsor or developer handling the syndicated funds. He understands real estate business plans, budgets, reporting, disclosure duties, operating fees, management fees, brokerage commissions, finder's fees and reasonableness of third party vendor payments to real estate professionals. Mr. Cherney's other expertise includes land acquisition, pre-acquisition due diligence, valuation, procuring entitlements, zoning, land development, master plan communities and disposition and sale of paper lots and finished lots to public home builders.

    Craig Cherney has deep experience in acquisition and disposition of hundreds of millions of investment capital in residential land, master plan communities, commercial real estate development projects and entitlement and zone change opportunities throughout the United States. A Joint Venture expert between institutional capital, private investors and local real estate operators, he is able to conduct multiple financial models and sensitivity analysis showing present value and projected IRR rates of return and equity multiples that a real estate project should have delivered in the open market.

    Mr. Cherney is a licensed attorney in 3 states (AZ, CA, NV), a licensed real estate broker (CA), and a Member of the Urban Land Institute Council: Residential Neighborhood Development Council.

    Areas of Expertise:
    • Real Estate Valuation
    • Commercial Real Estate
    • Land
    • Due Diligence
    • Fiduciary Duty
    • Standards of Care
    • Real Estate Finance
    • Real Estate Management
  • Real Estate Syndication
  • Real Estate Acquisition
  • Real Estate Entitlements
  • Land Development
  • Land Use
  • Land Valuation
  • Management Fees
  • Commissions
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    Gene Farmer, AIA, NCARB, LEED-AP
    13321 Southwest 124 Street
    Miami FL 33186
    phone: 305-342-3042
    fax: 305-235-5377
    Gene Farmer, AIA, NCARB, LEED-AP, is president of Gene Farmer and Associates, Architects and Planners an award winning architecture firm. He has over thirty years of experience in the Design of numerous Residential and Commercial Projects in Florida, Texas, Illinois and Minnesota. His work has been published both locally and nationally and he has received numerous awards including two F.A.M.E. awards and the prestigious Price Waterhouse South Florida Business Journal "Up and Comer Award for 1990".

    Mr. Farmer holds a license to practice architecture in the State of Florida, an N.C.A.R.B. Certification, a Dade County Sub-Builder Certificate, and is a certified International Building Code Congress International (IBCCI) Building Inspector and has been a certified OSHA 500 instructor. In 2009 he also became a LEED Accreditited Professional, (LEED-AP).

    Mr. Farmer has served as an Expert Witness in numerous cases ranging from Construction Defects to Construction Claims Analysis.

    Gene Farmer is an Associate Professor and Director of the Undergraduate Program, in the Department of Construction Management, in the College of Engineering and Computing at Florida International University. His teaching specialties include Principles of Construction Management, Building Construction Materials, Sustainable Construction, Building Codes, Quality Control in Construction, and Electrical, Mechanical and Plumbing Systems in Buildings.

    In addition to his book entitled Architectural Detailing for Commercial Construction, published by McGraw Hill in 1991, he has a new book entitled “Sustainable Construction a LEED Approach to Construction Management", which is scheduled to be published in 2011 by Delmar-Cengage. He is currently working on his third book entitled “Fundementals of Construction Management” which should be completed in 2011.
    Gene Farmer, AIA, NCARB, LEED-AP
    This is the consummate source of LEED information for anyone in or entering the construction industry. Unlike other LEED books that focus on the totality of LEED compliance, this one-of-a-kind resource focuses on the narrower topic of construction-related requirements. It offers detailed explanations of the rational for each construction credit, as well as strategies for achieving LEED compliance. With a clear, logical organization, the book will serve as a valuable constructor reference at the beginning of a project, as well as a useful step-by-step guide through the duration of the project.
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    Gerald M. Levy
    305 Madison Avenue, Suite 2316
    New York NY 10165
    phone: 212-992-3408
    fax: 212-992-3686
    Gerald M. Levy, real estate and banking consultant, serves as arbitrator and mediator of real estate and construction disputes and expert witness on practice standards for real estate lending, construction lending, commercial lending, credit risk, loan guarantees, brokerage, due diligence, negotiation of transactions, landlord/tenant disputes, ground and space leases, restructurings and workouts,real estate fraud analysis, corporate real estate, and real estate valuation.

    He is Professor at NYU and was Managing Director, Real Estate Finance Division, Chase Manhattan Bank; and Senior Vice President and General Manager, Real Estate and Corporate Services Division, Chemical Bank.

    Mr. Levy holds the MAI, CRE, and FRICS designations and is a neutral for American Arbitration Association. He is a New York State Licensed Real Estate Broker and a New York State Certified General Real Estate Appraiser.
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    Michael D. Hunkler, PE, LEED AP
    511 Union Street, Suite 1400
    Nashville TN 37219
    phone: 615-770-8156
    Michael D. Hunkler PE, LEED AP, is a licensed Civil Engineer and Vice President of Gresham Smith and Partners' (GS&P) Land Planning, Design, and Surveying Division. He has over 30 years of experience in his field and extensive experience in successfully coordinating with and obtaining approvals from review agencies and planning departments for projects located across the United States.

    In his capacity as VP, Mr. Hunkler oversees Residential Design, Retail Site Design, Due Diligence, Site Selection, Land Planning, Hospital and Healthcare Site Design, Urban Infill Design, Parking Design, and Stormwater Design.

    Among his professional affiliations is the Nashville chapter of the Tennessee Society of Professional Engineers, where he has served as Secretary, Treasurer, Vice President and President during his many years as a member. He is also involved with the American Society of Civil Engineers, National Society of Professional Engineers,the Home Builders Association of Middle Tennessee, and the International Council of Shopping Centers.

    Litigation Support - Mr. Hunkler provides Site Development case review for counsel representing both Plaintiff and Defense. His areas of expertise include:
    • Quality and Production of Site Planning
    • Traffic Flow
    • Hydrology
    • Flooding
    • Paving
    • Grading
    • Drainage
  • Stormwater Management
  • Underground Utilities
  • Erosion Control Designs
  • Culverts
  • Sidewalks
  • Slip, Trip, Fall Accidents
  • Topographic / Boundary Surveying
  • View Michael Hunkler's Consulting Profile.
    4/14/2015 · Engineering
    I can't help but have that catchy Law & Order theme song in my head when I think about the court cases where I've been called in to serve as an expert witness. (bum bum. bum bum bum bum bum bummmm. Buh Buh. Bum bum bum bum bum bummmm) Based on more than 25 years as a civil engineer focused in site design, I've been called to investigate several cases where there are alleged site development issues related to storm water detention, downstream neighbor's drainage, and/ or sidewalk trip and falls.

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    John Gillies
    Principal, RICS FRICS FBEng
    22a Ives Street
    Chelsea London
    phone: 44-0-20-7377-6247
    fax: 44-0-1702-304-277
    John Gillies Chartered Bulding Surveyor ExpertJohn Gillies is a Chartered Building Surveyor and the Senior Director of Johnson Gillies. Mr. Gillies is frequently involved in dilapidation assessments for Landlords and Tenants. In addition, he is often called upon to produce opinions and evidence in matters of dispute. Mr. Gillies provides Expert Witness reports for legal issues and appears in Court as an expert on construction and related matters.

    The firm's Building Consultancy and Expert Services Include:

    Surveys: Building, Homebuyer, Vendor, and Measured Surveys. Planned Maintenance, Defects Analysis, and Due Diligence Investigations.

    Audits: Fire, Health and Safety, Environmental, Access, and Commercial EPC.

    Development Consultancy: Development Monitoring, Party Walls, Planning, Rights of Light.

    Construction Consultancy: Contract Administration, Design, Employers Agent, Feasibility Study, Fit Outs, New Build, CDM Co-ordination, Project Management, Refurbishment, Repair & Maintenance.

    Landlord & Tenant: Dilapidations, Services and Charges, Licences and Alterations, Photographic Schedules, Schedules of Condition.

    Dispute Resolution: Expert Witness, Adjudication, and Arbitration of:
  • Building Contract Disputes
  • Cost and Quality of Building Works Disputes
  • Expert Reports
  • Legal Evidence at Court
  • Insurance: Building Reinstatement Valuations and Insurance Loss Assessing.
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    Straightline Advisors
    2808 Ashworth Circle
    Las Vegas NV 89107
    phone: 805-373-6840
    fax: 888-473-6510

    Scope & Range of Services

    Overview: Kenneth Free is a hotel and resort with 38-years experience in the business. He is a highly credible resource for operations, real estate development, feasibility, business valuation, and business interruption issues.

    Degrees and Licenses held by the Principal: MBA-Finance, Bloch School of Management (University of Missouri in Kansas City); BS-Hotel Administration, Harrah College of Hotel Administration (University of Nevada in Las Vegas); Registered Resort Professional, American Resort Development Association; Master Hotel Supplier, American Hotel & Lodging Association; Real Estate Broker licensed by the California Department of Real Estate.

    Detail: Mr. Free’s company, Straightline Advisors, provides Advisory and Expert Services for Hotels, Resorts, Resort Timesharing, Fractionals, Condo Hotels, Casinos, Spas, and Recreational Real Estate. These services may be in relation to new properties going through the development or pre-development stages, those that are open and in need of fundamental change, or in any situation where disputes have arisen among the parties.

    Key areas of consulting and expert effectiveness are –

    Advisory & Expert Services:
    • Project Concept Development
    • Project Amenity Programming
    • Strategy Development
    • Project Predevelopment Matters
    • Project Management Issues
    • Acquisition of Financing
    • Repositioning and Expansion Strategies
    • Due Diligence for Property Acquisitions
    • Management of Property Dispositions
    • Investment / Financing Package Development
  • Lost Profits Calculation & Business Interruption Impacts
  • Retail Pricing Analysis
  • Absorption Forecasting
  • Brand/System Affiliation Studies and Negotiations
  • Franchise Disputes
  • Disputes Between Partners
  • Management / Marketing Company Search and Negotiations
  • Operational Reviews or Audits
  • Marketing Program Assessments
  • View Consulting Profile.
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