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Real Estate: Lease Audits Expert Witnesses

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The Andrew Shedlin Companies, Inc.
Andrew Shedlin, BA, JD, CRX, CLS, CSM
21275 Eleanor Lane
Kildeer IL 60047
USA
phone: 847-438-2900 / Cell: 847-274-4392
fax: 847 438 2066
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Andrew Shedlin, BA, JD, CRX, CLS, CSM, is an acknowledged industry leader in the field of Real Estate Leasing. He specializes in consulting on the Development and Leasing of Shopping Centers & Airports for both developers and retailers.

Mr. Shedlin serves as a developer and consultant for dozens of shopping center landlords. He also has extensive experience in Airport Retail and Restaurants as both landlord and tenant. Mr. Shedlin has developed or redeveloped more than 35,000,000 square feet of shopping centers as principal or consultant and at all of the top 50 airports in the US, and negotiated more than 15,000 leases as principal, consultant, landlord or tenant (as a business person and attorney), his clients have included dozens of international, national, regional, and local retailers and restaurants.

Mr. Shedlin is a longtime member of ICSC’s faculty of the John T. Riordan School for Professional Development and a founding member of ICSC’s CLS Admissions and Governing Committee. He has received the ICSC Trustee’s Distinguished Award, serves on the ICSC Illinois State Committee and was previously NY/NJ state director for ICSC. Mr. Shedlin has taught at both Columbia University Graduate School of Business and Georgetown University Law School and holds a JD from Boston University. He frequently lectures at business schools, law schools, and for industry groups on Shopping Center Leasing, Understanding Leases, and Business Ethics.

Litigation Support - Considered the definitive industry expert in negotiating and interpreting shopping center and airport leases, Andrew Shedlin has worked as an expert on dozens of landlord / tenant disputes involving Interpretation and Enforcement of Leases. He has worked with major law firms in numerous cities throughout the US. His services are available to counsel representing plaintiff and defendant and include written reports, depositions, and trial testimony as needed.

Areas of Expertise:
  • Mall Leasing
  • Airport Leasing
  • Landlord / Tenant Disputes
  • Lease Interpretation
  • Lease Enforcement
  • Shopping Center Development and Redevelopment
  • Background Experience:
    • Halperin, Shivitz, Scholer & Steingut - Associate
    • Arlen Shopping Centers - Executive Vice President & Counsel
    • Equity Properties and Development Company - Executive Vice President (responsible for leasing and development)
    • Previously owned and operated 2 retail businesses
    • Facilitated entry of several international retailers into the US market
    • Authored several chapters in real estate publications on subjects of leasing and understanding the lease
    • Co-authored definitive audio tape on lease negotiations
    • Frequently quoted in media publications
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    Steven D. Epcar
    Principal, CPM
    2031 Hardwick Way
    Granite Bay CA 95746
    USA
    phone: 916-899-6218
    Steven D. Epcar, CPM, is an Expert in Real Estate and Property Management Issues with 35+ years of experience;including residential, commercial, retail and mixed-use properties. Experienced in litigation support including standard of care, partnership conflicts, brokerage issues,landlord/tenant disputes, valuation, personal injury, habitability and life safety cases. Mr. Epcar is a member of the Forensic Expert Witness Association (FEWA).

    Mr. Epcar serves as a real estate consultant for institutional and private investors and provides an array of services including: asset/property management related assignments, organizational assessments, financial feasibility, due diligence,and new development services.

    Previously, Mr. Epcar served as President, Residential Services for Carmel Partners a R/E investment/management firm in San Francisco, Principal/Founding Partner of Ventana Property Services, a West Coast third party management and consulting firm and President,Prometheus Management Group,a de
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    Tim Truwe
    President
    250 Hallock Drive, Suite 100
    Santa Paula California 93060-9218
    United States
    phone: (805) 933-1389
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    Petru Corporation is a full service land consulting company offering a full line of Title, Natural Resources, and Land services.

    Incorporated in 1986, Petru serves the needs of the title, title insurance, oil, gas, mineral, geothermal, wind, solar, mining, environmental, and right-of-way industries; legal, engineering, subdivision, developers, and land planning professions; government; lending and trust institutions; water purveyors; utilities; real estate companies; and the individual and business communities.

    Petru Corporation and Tim Truwe were featured on Enterprises TV, aired on Fox Business Network and were published in Black Gold in California, the story of the California Petroleum Industry and also in The Business Elite, Corporate America.

    Consulting Services:
    • Title Consulting
    • Title Searching
    • Title Examining
    • Title Reports
    • Title Engineering
    • Title Insurance
    • Plot Descriptions and Easements
    • Map Drafting and Map Review
    • Property Inspections
    • Right of Way/Easements
    • Water Rights
  • Leasehold Estates
  • Oil, Gas, Mineral and Mining Consulting
  • Subdivision Map Act
  • Negotiate Oil and Gas Leases
  • Regulatory Consulting
  • Permitting/Regulatory
  • Title Insurance Underwriting Support
  • Title Insurance Claims
  • Due Diligence
  • Acquisitions and Divestitures
  • Mining Claims
  • Timothy B. Truwe, President and Chief Financial Officer of Petru Corporation, is a Registered Professional Landman (#23542) and a Registered Environmental Property Assessor (#569045). He specializes in Title, Natural Resources and Land Matters issues and offers a full line of title, and land services.

    Background - Mr. Truwe started his career in 1973 in the title, resource, and regulatory industries. His career includes employment and training at Ticor Title Insurance Company (now Chicago Title Co.) as Title Searcher, Title Officer, and Title Engineer. He also worked at Ogle Petroleum Inc., as Assistant Land Manager in the Land/Legal Department. His responsibilities at Ogle included both onshore and offshore assets and the technical and administrative oversight of several thousand parcels of land and leases in excess of one million acres.
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    Robert Kehiayan, CPM
    34071 La Plaza
    Suite 140
    Dana Point CA 92629
    USA
    phone: 949-443-3030
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    Robert Kehiayan Commercial Real Estate Expert PhotoRobert Kehiayan, CPM, has over 35 years of experience in Asset and Property Management and Investment Brokerage. He specializes in commercial property including office and medical buildings, industrial parks, retail centers, and over 20,000 residential units.

    Background Experience - Mr. Kehiayan's experience with commercial properties is nationwide and involves leasing, sales, and management. He has substantial experience with commercial tenant leases, representing both landlords and tenants in leasing and property management. He has been intimately involved in countless lease transactions and lease administration.

    At a senior level, Mr. Kehiayan also supervises and trains agents in this regard. He is a California Bureau of Real Estate (CalBRE) certified instructor and teaches an advanced continuing education CalBRE credit course on the topic of leasing, management, acquisition, and sale of commercial real estate. He is credentialed as a Certified Property Manager (CPM) by the Institute of Real Estate Management (the most respected organization in this sector or real estate).

    Litigation Support - Robert Kehiayan is a qualified expert witness, asset manager, property manager, leasing agent, and licensed Real Estate Broker & Realtor® in CA and TX. experience includes deposition and testimony in court. He has also completed declarations including a rule 26 federal court report.

    Expert Witness Services:
    • Courtroom testimony concerning industry standards, customs and practices in order to evaluate the legal liability of all parties
    • Supply analysis in order to ascertain the facts and determine the historic context of the disputed issue
    • Evaluate the arguments of opposing experts and assisting with the development of lines of questioning or specific questions for use in expert witness depositions
    Areas of Expertise:
    • All Commercial Real Estate including Retail, Office Spaces, Industrial, Apartment Properties, Shopping Centers, Storage Facilities, and Undeveloped Land
    • Property Management
    • Asset Management Leasing Representation for both Landlords and Tenants
    • Investment Property Analysis, Due Diligence, and Acquisition for Buyer
    • Broker Standard of Care
    • Buyer and Seller Representation
    • Due Diligence
    • Guidance through 1031 Exchange Process
    • Landlord and Tenant Issues
    • Industrial Real Estate
    • HOA Standard of Care
    View Robert Kehiayan Consulting Profile.
    9/27/2016 · Real Estate
    This article can help prevent a law suit arising over the interpretation of the terms "broom clean" and "normal wear and tear" at the early stages of drafting a lease agreement. If the lease is already in effect with these ambiguous terms, then this author offers a suggestion to prevent a conflict after the tenant moves out.

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    Robert S. Griswold, CRE, CPM, CCIM, PCAM, CCAM, GRI, ARM
    5703 Oberlin Drive
    Suite 300
    San Diego CA 92121
    USA
    phone: 888-606-0617
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    Robert Griswold Real Estate Management Expert PhotoRobert S. Griswold, CRE, CPM, CCIM, PCAM, CCAM, GRI, ARM, has over 30 years of specialized experience in the field of Real Estate Management. He is currently active as a day-to-day hands-on, licensed practitioner, consultant, and expert witness in all aspects of real estate (except valuation).

    A 3-time graduate of the distinguished Marshall School of Business at the University of Southern California with a BS ('81), MBA ('86) and MSBA (2nd Masters) ('88) in real estate and related disciplines, Mr. Griswold is a recognized expert on management of all types of residential real estate. He has actively managed over 60,000 residential units and several million square feet of commercial, industrial, self-storage and retail properties nationally. He has extensive experience as a court-appointed receiver (over 160 times) for private lenders and major financial institutions.

    Litigation Support - In the last 20+ years, Mr. Griswold has consulted on over 1,800 litigation matters, has been deposed over 300 times, and provided sworn testimony in trial or arbitration on over 100 occasions in both state and federal litigation matters throughout the United States. Also serving as a court-appointed bankruptcy Custodian and Referee, his case work is very evenly divided between plaintiff and defense work.

    Mr. Griswold is uniquely qualified to opine on real estate related litigation matters having authored or co-authored the 3 best selling real estate books: Real Estate Investing For Dummies; Property Management Kit For Dummies; and Landlord's Legal Kit For Dummies. His 15+ years as an On-Air NBC-TV Real Estate Expert and a similar tenure as a major radio station weekly talk show host have prepared him to present opinions to juries.

    Areas of Expertise:
    • Property Manager or Broker Fiduciary Duty
    • Transactions
    • Lease / CAM Disputes
    • Lease Mitigation
    • Premises Liability - Trip & Fall
    • Maintenance or Failure to Maintain
    • "Slumlord" Allegations
    • Health & Safety or Personal Injury
    • Wrongful Death
  • Property Inspections
  • Water Intrusion, Mold
  • Bed Bugs
  • Fair Housing, Discrimination
  • HUD Management Issues, Criminal Acts
  • Management / Receiver Fees
  • Transfer Disclosures, Misrepresentation, Negligence
  • Negligent Hiring, Supervision, Termination
  • Association Board Duties and Negligence
  • View Robert Griswold's Consulting Profile.
    Robert S. Griswold, et al
    Do you want to get involved in real estate investing, but aren't quite sure where to start? Real Estate Investing For Dummies is your go-to resource for making sense of the subject, offering plain-English, step-by-step explanations of everything you need to know to keep yourself one step ahead of the competition. Inside, you'll discover how to overcome the challenges of the market, take advantage of the opportunities in any real estate environment—including a down market—and so much more.
    Robert S. Griswold
    A comprehensive guide to the laws and legalities of renting property. This one-stop legal reference provides both guidance and the correct forms that help landlords avoid tenant issues, which could lead to legal ramifications. From screening potential tenants to handling your own insurance and taxes, you'll find expert insight in this easy-to-read style that simplifies complex legal matters into understandable terms. The book includes access to all the needed legal forms in both English and Spanish, and contains current information about applicable codes, ordinances, and policies across the country.
    Robert S. Griswold
    Thinking about becoming a landlord? This book gives you proven strategies for establishing and maintaining rental properties, whether a single family or multi-resident unit. You'll find out how to prepare and promote your properties, select tenants, handle repairs, avoid costly mistakes and legal missteps—and meet your long-term goals.
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    E. Robert Miller
    President, CPM, CIPS, CMC
    330 Primrose Road, Suite 606
    Burlingame CA 94010
    USA
    phone: 650-373-0705
    fax: 650-373-0709
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    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 over 1,000 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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    Hon. Steven Cohen, (Retired), JD, MBA
    President
    2530 Wilshire Blvd.
    3rd Floor
    Santa Monica CA 90403
    USA
    phone: 310-315-5404
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    Judge Cohen is a qualified Expert and Consultant with over 30 years experience in Construction Defects and Real Estate Standards of Care and Duty, Property Management, Property Inspection, Agents disclosure, Broker's disclosure, and Negligent and Intentional Conduct. Extensive experience in habitability, Civil Code 1941, Health and Safety Code §17920.3, transfer disclosure and all transactional requirements in the sale of property. Expert in construction arena in water penetration, roof defects, home inspection, structural defects, framing defects, electrical & mechanical problems, stucco, foundation and structural slabs, construction schedules and all mold related problems. Litigation consulting includes Case Risk Analysis and Assessment (is a case ripe for litigation?), Research and Litigation Support, Homeowner Associations HOA, Building Codes, Department of Real Estate Rules, Codes and Laws, Contractor's State Licensing Board Rules and Regulations, Uniform Building Code (UBC) compliance, Building and Safety. Expert in Mechanical, Electrical, Water Entry, Toxic Mold, Mildew and Sick Building Syndrome. American Arbitration Association (AAA) Arbitrator. Arbitrator and Mediator for State and Federal Cases. Alternative Dispute Resolution (ADR) Practitioner. Graduate Level Certificate in Dispute Resolution (Mediation, Arbitration and Negotiation) from Pepperdine University School of Law. Licensed to practice law in California and Federal Court-Central District. Retired Administrative Law Judge, Inglewood Office of Appeals.

    Education/Licenses: Administrative Law Judge (Ret.), Attorney, M.B.A., Certified Property Mold Specialist (C.M.I. & C.M.R. Designation), RE Broker (Realtor), General Contractor (B1), Electrical Contractor (C10), Certified Mediator, AAA Arbitrator and Mediator, FINRA Arbitrator, Western Case District.

    Primary Area of Expertise: Real Estate, Construction Defects, Case Risk Assessment.
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    Cantrell Associates
    James H. Cantrell, CPM
    1315 North Point
    San Francisco CA 94123
    USA
    phone: 415-244-5927
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    James H. Cantrell, CPM® is a Real Estate expert with over 35 years of Asset and Property Management experience. He specializes in the turnaround of properties with Deferred Maintenance and Mismanagement.

    For both private and institutional investors, Mr. Cantrell has managed a variety of product types, apartments, high-rise office, association management, industrial I warehouse properties, retail, and large hotels. He is currently active in day to day asset and property management and has established management programs that have maximized the values of the various investments.

    Background - Mr. Cantrell served as the President of Cantrell, Harris & Associates, a San Francisco-based real estate management and consulting firm that was formed 30 years ago. He formed Cantrell Associates which provides property management, litigation support, and expert witness services.

    He currently teaches a number of courses for the Institute of Real Estate Management (IREM) and has taught throughout the United States, in Russia and Poland. He was an Associate Professor at Golden Gate University for 9 years teaching an Asset/Property management course in the MBA program.

    He began his career with Arlen Realty as a property supervisor, handling properties in the United States Investment Fund Portfolio, and has held the position of Equity Administrator with Clevetrust Realty Investors, responsible for managing numerous properties throughout the Country. He also served as Treasurer of Regency Equities, a Real Estate Investment Trust, traded on NASDQE, and was President of Plaza Equities Management, Inc., with a national portfolio of mixed assets under his direction. He has served as a Court appointed Receiver on all types of assets throughout California.

    Litigation Support - Mr. Cantrell has served or consulted as an expert on behalf of both Plaintiffs and Defendants in over 100 cases. He is uniquely qualified with his experience and teaching background and is your best choice as an expert in litigation.

    Areas of Expertise:
    • Standards of Care
    • Property Damage
    • Personal Injury
    • Habitability
    • Landlord / Tenant
    • Maintenance
  • Air Quality
  • Mold Issues
  • Receiverships
  • Lease Interpretation
  • Partnership Agreements
  • Trust Properties
  • View James Cantrell's Consulting Profile.
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    A. Patrick Sheahan
    Commercial Real Estate Consultant
    17470 N. Pacesetter Way
    Scottsdale AZ 85255
    USA
    phone: 480-251-5338
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    A. Patrick Sheahan has over 30 years experience in the Commercial Real Estate and Mortgage Banking fields. Mr. Sheahan has been a licensed Arizona Real Estate Broker since 1992 and owns and is the Designated Broker for Berry & Doyle, LLC.

    The company represents regional and national retail, office and industrial tenants as an Exclusive Tenant Representative. Clients include Wingstop, Baskin Robbins, Pizza Patron and Mr. Sheahan has represented H & R Block in well over 200 lease transactions in Arizona during the 15 years. They also represent clients as an Exclusive Buyer Representative in the acquisition of retail, office, industrial, and income-producing properties.

    Mr. Sheahan is approved by the Arizona Department of Real Estate as both an Instructor and a Real Estate School Owner. Commercial Real Estate Seminars was founded in 2003 and he has been an approved Instructor for over 18 years. Commercial Real Estate Seminars provides commercial real estate continuing education courses and Mr. Sheahan is approved to instruct over 35 commercial real estate courses and has taught courses and seminars in Phoenix, Tucson, and Las Vegas.

    Litigation Support - A. Patrick Sheahan provides consulting and testifying expert witness services in support of litigation related to commercial real estate matters and has served as an Expert Witness in over 30 cases in the past eight years. Mr. Sheahan is available for expert witness assignments throughout the State of Arizona. Types of commercial real estate within Mr. Sheahan's area of expertise include, but are not limited to, shopping centers, office buildings, industrial properties, commercial land, and apartment complexes.

    Mr. Sheahan is qualified to address the following issues in his capacity as an expert witness:
    • Arizona Revised Real Estate Statutes
    • ADRE Commissioner's Rules
    • NAR Code of Ethics
    • Broker Standard of Care
    • Salesperson Standard of Care
    • Duty of Fair and Honest Dealings
    • Mitigation of Damages
    • Standards of Practice
  • Duties to Non-clients
  • Broker / Salesperson Misrepresentation
  • Agency
  • Contract Law
  • Disclosure
  • Licensee Fiduciary Obligations
  • Real Estate Contracts
  • Commercial Leases
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    Norman Katz
    Managing Partner
    18881 Von Karman, Suite 1175
    Irvine CA 92612
    USA
    phone: 949-263-8700
    fax: 949-263-0770
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    MCS Associates is a nationally recognized consulting group that has provided financial, operations and regulatory/compliance consulting services nationwide to financial institutions, insurance companies and regulatory agencies as well as real estate and financial services organizations for over 30 years.

    Expert Witness and Litigation Consulting are a primary focus of our services. We undertake expert witness assignments throughout the United States and our clients include several hundred leading law firms around the country, working on behalf of both plaintiff and defendant financial institutions, borrowers, depositors, investors, developers, insurance companies and their insured, securities/insurance/real estate brokers/agents, regulators and government agencies, and individuals.

    Together with MCS Associates’ specialized resources in banking, financial services and real estate, we also draw on key strategic alliances in insurance, economics, academia and the securities industry to meet a wide range of expert witness needs. Our litigation experts include experienced bankers, lenders, consultants, regulators, managers, brokers & agents in insurance, real estate, and securities; insurance claims and underwriting managers; economists, accountants, appraisers, real estate analysts, and academics.

    Areas of Expertise Include:
  • Banking Operations/Administration
  • Check Fraud
  • Lending Policies, Custom and Practice
  • Loan Underwriting & Credit Administration
  • Sub Prime Loan Originations, Underwriting, Securitizations & Servicing
  • Bankruptcy, Foreclosures and Workouts
  • Trust & Fiduciary Issues / Operations
  • Securities Brokerage & Investments
  • Valuations & Damages Analysis
  • Forensic Accounting
  • Employment / Compensation
  • Real Estate Brokerage & Management
  • Title Insurance & Escrow
  • Real Estate Appraisal & Transactions
  • Insurance Industry Custom & Practice
  • Insurance Coverages / Claims Handling
  • Insurance Bad Faith