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Real Estate: Appraisal and Valuation Expert Witnesses

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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
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    J.F. Chip Morrow
    Nationwide coverage
    San Antonio ALL States 78261
    USA
    phone: 866-365-7212 (Toll Free)
    fax: Toll free 866-869-4062
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    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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    Brian H. Kelley
    23872 Marmara Bay
    Dana Point CA 92629
    USA
    phone: 213-944-8888
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    Brian H. Kelley is a seasoned Banking Executive, Lender, and Attorney with over 30 years of experience in lending, top management, and legal positions for both regional and larger commercial banks in California, Arizona, Washington, and Oregon. He has served as the CEO of three successful community banks and the head of a Multi-Billion Dollar lending group with a large international bank.

    Litigation Support - Mr. Kelley provides expert testimony and litigation support to attorneys representing financial institutions, businesses, and individuals. His expert witness services include analysis of key issues, case strategy, depositions, opinions, and court testimony.

    Mr. Kelley's expertise has been called upon in State, Federal, Bankruptcy, and Arbitration Courts, having testified on behalf of FDIC, major banks, and financial institutions. He is a qualified expert in eights states and the District of Columbia.

    Areas of Expertise:
    • Consumer and Commercial Lending
    • Loan Underwriting
    • Bank Operations
    • Bank Compliance
    • Federal and State Regulation
    • Credit and Collection Practices
  • Bank Governance
  • Lender Liability
  • Loan Policy and Guidelines
  • Loan and Credit Review
  • Loan Workout
  • Loan Modification and HAMP Programs
  • Education / Training: BA and JD from Brigham Young University. Extensive professional course experience in loan underwriting, credit analysis, corporate finance, lending practices, etc.

    Degrees / Certifications: Admitted to the California, Utah and Hawaii Bar Associations. Past Director of Western Independent Bankers, California Bankers, American Bankers Association and Mortgage Bankers of America.

    View Brian Kelley's Consulting Profile.
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    Ben F. Tunnell III
    Chairman
    605 West Olympic Blvd.,Suite 820
    Los Angeles CA 90015
    USA
    phone: 866-256-9300
    fax: 213-532-3807
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    BTI Appraisal is a broad-based appraisal company which provides a consistently high level of Real Estate Appraisals, Business Valuations, and Machinery and Equipment Appraisals for Business, Professional, Public and Private Sectors.

    When you choose BTI Appraisal, you benefit from a strong tradition of experience and accuracy. A corporate philosophy stressing efficiency and attentive service has made us a leader among independent appraisers. We are proud of our reputation for stability, responsiveness, and accomplishment in and out of the courtroom.

    At BTI, our seasoned staff of success oriented professionals treats each assignment with precise attention to detail, providing needed research and responsive service on a wide range of appraisal needs.

    Expert Profile: BTI’s Founder and Chairman, Ben F. Tunnell III, has headed the firm since 1974. Previously, he spent eight years with First Interstate Bank of California as vice president at their corporate headquarters in Los Angeles. He served on the board of arbitrators for both the American Arbitration Association and the Better Business Bureau. He has also been a Registered Investment Advisor and Broker/Dealer with the Securities and Exchange Commission and a licensed, California Real Estate Broker.

    Mr. Tunnell is an ASA, the senior designation of the American Society of Appraisers, and a California Certified General Real Estate Appraiser #AG-6964. He has qualified and testified in Federal and Superior Courts, as well as in arbitration proceedings as an expert witness in business valuations, real estate, and machinery and equipment appraisals.
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    Christian Plunkett
    Consulting Arborist
    639 Montgomery Road
    Hillsborough NJ 08844
    USA
    phone: 908-824-0412
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    Christian Plunkett Arborist Urban Forestry Expert Photo
    Christian J. Plunkett, BCMA, is an independent Consulting Arborist with 14 years of experience in the fields of Arboriculture and Urban Forestry. Mr. Plunkett is a graduate of The Pennsylvania State University and holds a BS in Urban Forestry. He is a skilled diagnostician with extensive experience in the areas of Tree Preservation, Tree Risk Assessment, and Appraisal of Tree Value.


    Mr. Plunkett has distinguished himself within his profession by earning the highly respected ISA Board Certified Master Arborist and New Jersey Certified Tree Expert credentials. He is also ISA Tree Risk Assessment Qualified. Mr. Plunkett is a member of both the International Society of Arboriculture and the American Society of Consulting Arborists.


    Litigation Support - Mr. Plunkett provides expert opinion, litigation support services, and forensic investigations to attorneys, insurance adjusters, and property managers needing advice on tree valuation, tree risk assessment, tree health care, and management. He has been accepted as an expert witness in NJ Courts of Law deciding timber trespass, encroachment, and tree damage cases. Mr. Plunkett's services include site investigation, research, report writing, and testimony at deposition or trial.


    Areas of Expertise:
    • Hazardous Trees / Tree Parts
    • Tree Risk Assessment
    • Appraisal of Tree Value
    • Casualty Appraisal
    • Abiotic Disorders
    • Managing Tree Health and Safety
    • Tree Preservation During Construction
    • Insect Pests of Trees
    • Tree Diseases
    • Fertility Deficiencies


    VIDEO: What Is A Consulting Arborist?
    5/1/2017 · Plants & Trees
    Whether the companies planting these trees are planting them incorrectly out of ignorance or in pursuit of maximizing profits; get in, get out, get to the next job, I do not know. In either case, it behooves a homeowner or property manager to do their due diligence and educate themselves on proper tree planting technique so that they will recognize when they are receiving a quality service and when they are throwing their money down the drain.

    2/28/2017 · Plants & Trees
    As defined in the tree care industry, a "Hazard Tree" is a tree that poses a level of risk to people or property that exceeds the risk tolerance of the property owner or manger. This means that a tree that may be considered a hazard to one property owner may not be considered to be a hazard by another property owner. Thus, "hazard tree" is a somewhat subjective concept, used when making tree risk management decisions on a particular property, and is not a description of the inherent level of risk actually posed by a particular tree. In the tree care industry the term "hazard tree" is generally reserved to describe a tree that requires immediate removal, or other mitigating actions, to reduce the level of risk posed.

    11/23/2016 · Plants & Trees
    There are many terms in use describing different types of tree care professionals and this can cause considerable confusion for a homeowner or property manager who requires a tree care provider. The information below will hopefully provide some clarity on the topic.

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    John Minor
    President, CGC
    14 Live Oak Drive
    Suite A-1
    Gulf Breeze FL 32561
    USA
    phone: 850-932-8720
    fax: 850-934-6659
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    John G. Minor, President of Complete General Contractors, is a third-generation Contractor and licensed instructor certified by the North Carolina Department of Insurance. He is a recognized expert on the costs and applications necessary to repair buildings damaged by manufacturer, builder liability, water damage or intrusion, mold, or asbestos.

    Mr. Minor has worked in construction and contracting dispute resolution throughout the Southeast for over 17 years. He has been involved in the successful discharge of 150+ million dollars as an expert witness in property claim lawsuits and disputes. He is retained by both the plaintiff and defense for a fair appraisal of the issues at hand.

    Mr. Minor works with attorneys to generate a plan based on damages to property and in compliance with the provisions and spirit of the insurance policies in effect at the time of the loss. For personal injury cases, he works to establish the code requirements in place at times of the injury to find how they relate to the cause of action.

    Areas of Expertise:
    • Loss Appraisals
    • Construction Claims
    • Construction Disputes
    • Construction Safety
    • Construction Damages
  • Fire Damage
  • HVAC Issues
  • Insurance - Property, Casualty
  • Mold
  • Asbestos
  • View John Minor's Consulting Profile.
    It appears we may just finally have some more Wyatt Earp in place of Billy the Kid in the appraisal industry. Gentlemen and Ladies, check your guns at the city limits of Dodge!

    3/3/2015 · Construction
    With sea levels rising by some reports and inch a decade and the prediction of stronger hurricanes todays aging building stock is at risk. In addition for new construction we must learn from the past. The proliferation of coastal development begs for consistent and sustainable construction techniques.

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    Edwards and Cherney, LLP
    Craig Cherney
    14300 N. Northsight Blvd.
    #129
    Scottsdale AZ 85260
    USA
    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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    Gerald M. Levy
    President
    11 W. 42nd Street, suite 508
    New York NY 10036
    USA
    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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    Richard K. Hollowell
    Managing Shareholder
    Kealoha Corporation
    1550 Bayside Drive, Suite 3
    Corona Del Mar CA 92625
    USA
    phone: 213-631-6116
    fax: 949-720-8169
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    Richard K. Hollowell is a real estate and finance expert who specializes in Real Estate Finance, Development, Loan Workouts, Asset Management, Bankruptcy, Foreclosure, Receivership, Valuation and Property Acquisition.

    Mr. Hollowell has 45 years of experience as a key executive of major banks, real estate development firms, credit companies (G.E Capital), public accounting firms, and consulting firms including, Real Estate Recovery, the J.E. Robert Companies, and Alvarez & Marsal. His clients have included insurance companies, banks, pension funds, developers, law firms, real estate operating companies, and federal agencies including the FSLIC, RTC, and FDIC.

    Mr. Hollowell was one of five experts asked to speak before 20 of Federal Reserve Chairman Ben Bernanke's key people on August 12, 2008 at the inception of the systemic crash of the U.S. financial markets. Highly regarded by large banks, insurance companies, pension funds, federal regulatory agencies, and real estate companies holding large portfolios of assets. He is a widely recognized international speaker and published author.

    Litigation Support - Mr. Hollowell has over 1,000 hours of deposition testimony. His Rule 26 list includes 33 cases since 2003 and seven trial appearances in the past five years. His services are available to counsel representing both Plaintiff and Defendant.

    Areas of Expertise:

    Banks:
    • Officers and Directors Professional Liability
    • Lender Liability
    • Loan Underwriting Standards
    • Loan Risk Ratings
    • ALLL Reserves
    Bankruptcy:
    • Reorganization Plan Feasibility
    • Establishment of “Cramdown” Interest Rates
    • Fraudulent Transfers / Preference Actions
    Real Estate:
    • General Partner Liability
    • Loan Restructurings
    • Breach of Fiduciary Duty
    • CMBS Special Servicing
    • Construction Delays
    • Acquisition Due Diligence
    • Valuation Disputes
    • Brokerage Disputes
    • Land Development Disputes
    • Portfolio Asset Management
    • Real Estate Development
    • Ground Leases
  • Structured Real Estate Transactions
  • Homeowner / Developer Disputes
  • Receivership Management
  • Quantum Meruit Assessment
  • Condominium Hotels
  • Timeshare / Fractionals/ Destination Resorts
  • Condominium Association Management
  • Public Purpose Tax Districts
  • Troubled Housing Developments
  • Damages Assessment and Rebuttal
  • Residential and Commercial Construction Loans
  • 6/5/2017 · Real Estate
    It's no secret that some 20 major brick & mortar retail chains are on the financial ropes, rating agency downgrades are prevalent, and just last week J.C. Penney announced the closure of 140 stores and two major distribution centers. Just three weeks ago, I was called to discuss analyzing the real estate holdings of a major department store chain; on the other line, a hedge fund that wanted to buy the debt of the chain, but was fearful of how the real estate could be reused. And of course, internet shopping trends continue to batter the brick & mortar model. On Black Friday, internet based shopping actually eclipsed purchases made by consumers in stores.

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    Roy Theophilus Bent, Jr.
    Expert Witness / Auto Appraiser
    104 West Baker Rd.
    Baytown TX 77521
    USA
    phone: 877-845-2368 or 281-424-6466
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    Houston Auto Appraisers Auto 
<br/><br/>PhotoRoy Theophilus Bent, Jr. is a well known and respected expert and consultant in the automotive industry. An IACP Certified Auto Appraiser, Expert Witness, and Field Inspector, Mr. Bent is the seated President of the Bureau of Certified Auto Appraisers, a National Professional Appraisal Credentialing Organization that has trained, tested, and certified over 2,400 students under his leadership in the practices of IACP Certified Auto Appraisals and Litigation assistance.

    Mr. Bent holds numerous licenses and credentials as an ASE Certified Mechanic, I-Car Collision Specialist, Licensed Auto Appraiser, Insurance Adjuster, Umpire, Mediator, Arbitrator, Classic Car Judge, and Vintage Car Historian.

    Litigation Support - Mr. Bent is retained by counsel to provide IACP Certified Third Party Appraisals for most auto related lawsuits. He serves law firms whose clients are involved with dissolution, probate, bankruptcy, and diminution of value, and automobile accidents.

    Mr. Bent is a contributing author in several peer reviewed journals in auto accident expert witness related theories, case studies, and reports which are used exclusively by other expert witnesses in the field. His services include deposition, arbitration, mediation, and trial testimony when necessary.

    Areas of Expertise:
  • Diminished Value Appraisals
  • Total Loss Appraisals
  • Corrosion
  • Defective Products
  • Lemon Laws
  • Air Bags
  • Repair Negligence
  • Motor Homes
  • Motorcycles
  • Recalls
  • Seat Belts
  • Auto Accident Reconstruction
  • Automotive Accident Photography
  • Automotive Odometer Tampering
  • Used Car Dealer Fraud
  • Tractor Trailers / Unsafe Loads
  • Classic Cars / Custom Vehicles
  • Commercial Vehicle Accidents
  • Electronic Control Module (ECM)
  • High / Low Speed Accidents
  • Deceptive Trade Practices
  • Ignition Switch Failures
  • Pedestrian / Vehicle Collisions
  • Public Transportation Accidents
  • Recreational Vehicles-RVs
  • Rollover-Roof Crush
  • Run Overs (Pedestrians)
  • Self-Insured / Liability Claims
  • Unibody & Frame Repair
  • Vehicle Fire Cause & Origin (Battery)
  • View Houston Auto Appraisers' Consulting Profile.
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    James B. Hibert
    President and CEO
    6965 El Camino Real, Ste. 105-599
    Carlsbad CA 92009
    USA
    phone: 760-518-2310
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    James B. (Jay) Hibert has been an active lender in the Commercial Banking Industry for 30 years. Prior to forming Market Street Financial Solutions, Mr. Hibert joined the founding team of a San Diego Business bank as a Senior Vice President, and one of the owners of the privately held banking company. During this time he formed and managed the Bank’s Real Estate Loan Department. He also managed the bank’s largest real estate portfolio and was instrumental in developing secondary market relationships for the bank. Mr. Hibert's experience includes:

    Business Development - Credit Administration and Management - Loan Syndication - Brokering - Loan Workouts

    Litigation Experience - Jay Hibert’s market knowledge and transactional experience has allowed him to work in a consulting and expert witness capacity for many clients over the years. He has transacted hundreds of real estate and non-real estate loan negotiations in times of economic growth as well as downturns in the economy.

    Mr. Hibert's extensive credit background arms him with the understanding of how banks and other lenders operate internally. He is a licensed Real Estate Broker (BRE) and his company is a California Finance Lender and Broker through the California Department of Business Oversight. He is experienced in trial and deposition testimony and his services are available to counsel representing both Plaintiff and Defense.

    Key areas of expertise in litigation work include:
    • Loan Process and Bank Loan Restructure / Workout Process
    • Note Valuations / Collateral Review
    • Lending Policies, Custom and Practice / Lender Liability
    • Standards of Care and Fiduciary Responsibility
    • Loan Underwriting and Credit Administration
    • Banking Operations / Administration
    • Specialty Niche in SBA Real Estate Lending
    • Expert reports adherent to Federal Rule 26
    View Jay Hibert's Consulting Profile.
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    Maurice Robinson, ISHC, CRE, ASA
    President
    28 Dover Place
    Manhattan Beach CA 90266
    USA
    phone: 310-640-9656
    fax: 310-640-9276
    Qualfied Expert Witness & Consultant in Hotel and Real Estate Industry Business Issues:
    • Market, economic & financial feasibility
    • Valuation
    • Disputes between owner-operator, borrower-lender, franchisor-franchisee
    • Management contracts
    • Ground & building leases
    • Partnership & JV agreements
    • Concession contracts
    • Development agreements and loan documents
    • Expert witness testimony
    • Litigation strategy, consultation and support
    • Damage calculations
    • Lost profits analysis
    • Real estate appraisals
    • Deal structuring & workouts
    • New development
    • Strategic planning
    • Market demand assessment
    • Acquisition due diligence
    • Economic, financial & investment analysis
    • Can estimate damages and appraise property values under multiple scenarios
    • Trained Arbitrator & Mediator


    Winner of the Creative Counselor of the Year for appraising the Grand Canyon.
    Recently, we were engaged by the National Park Service (NPS) to appraise the structures and other improvements that have been constructed by commercial vendors or "concessionaires" operating hotels, restaurants and other hospitality services in National Parks.

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    Richard Singer
    Senior Director of Consulting Services
    501 N. Highway A1A
    Jupiter FL 33477
    USA
    phone: 561-744-6006
    fax: 561-744-9085
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    Richard Singer is the leading expert in Golf Facility Operations, Transactions and Valuation Consulting. He has been qualified as an expert witness in cases involving golf course transactions, valuations, liability, economic potential, usual and customary practices and business plan preparation.

    Mr. Singer has been the Director of Consulting Services for the National Golf Foundation (NGF) since 1997, and now has a total of 26 years of golf facility consulting experience. He first joined the NGF consulting staff in 1989 as a project analyst after completing his Finance MBA at the University of Florida. Mr. Singer has successfully managed the NGF’s well-known golf consulting practice with an industry-respected track record of success and a reputation for delivering projects on time and on budget.

    Mr. Singer’s consulting services for alternative golf facilities have included both new development and operational reviews for driving ranges, putting courses, miniature golf courses, golf learning centers, executive / par-3 courses, and various combinations with other facilities. He co-authored the NGF publication How to Plan, Build and Operate a Successful Golf Range.

    Experience Includes:
    • Golf Facility Feasibility Analysis
    • Golf Operations Consulting
    • Account Management
    • Real Estate Master Planning
    • Expert Witness
    • Financial Analysis
    • Business Plan Preparation
  • Budgeting / Planning
  • Public Presentations
  • Golf Business Valuation
  • Golf Market Analysis
  • Staffing / HR
  • Proposal Writing
  • Credit Evaluation
  • Golf Facility Operations Consulting Services Include:
    • Golf Course Inspections
    • Operational / Accounting Audits
    • Management / Operations
    • Contract Preparation
    • Clubhouse Design / Needs Assessments
  • RFP Preparation Assistance
  • Golf Marketing Strategies
  • Green Fee / Member Pricing
  • Business Plan Preparation
  • Litigation Assistance
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    John A. Dalkowski, III, CRE, MAI
    Corporate Office (FL, SC Offices Below)
    30 Wall St., 8th Floor
    New York NY 10005-3128
    USA
    phone: 212-983-2426 888-589-3444
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    John Dalkowski Real Estate Expert PhotoJohn A. Dalkowski III, CRE, MAI, is Managing Director of NRER, with offices in Miami, FL; New York, NY and Hilton Head Island, SC. He has over 45 years experience in Real Estate Valuation, Development, and Counseling in 26 states and has appraised in excess of $8 Billion in assets.

    Mr. Dalkowski's major focus is litigation and arbitration support and expert witness services, distressed property solutions, and valuation advisory services, particularly on specialized or complex transactions such as major office buildings and hotels and other trophy real estate assets, including ski resorts, waterparks, outdoor entertainment venues, resort hospitality and timeshare properties, and correctional facilities. He has completed numerous valuations of major Manhattan hotels and office buildings and more than 100 distressed asset valuations for the FDIC, as well as complex litigation support such as the recent Chinese Drywall test case in Louisiana.

    Litigation Support - Mr. Dalkowski is experienced in providing transactional counseling, litigation, arbitration support, expert witness testimony, forensic appraisals, and valuation advisory services, particularly on specialized or complex transactions.

    Areas of Expertise:
    • Acquisitions
    • Dispositions
    • Full and Partial Interests' Appraisals
    • Complex Valuations
    • Development
    • Market and Feasibility Studies
    • EB-5 Feasibility Studies
    • Investment Analysis
    • Diminution of Value Damages
  • Environmental Stigma
  • Tax Appeal Asset Allocation
  • Air Rights
  • Transfer of Development Rights (TDRs)
  • Foreclosure / Deficiency Judgments
  • Eminent Domain
  • Condemnations
  • Construction Defects
  • Historic Façade Easements / Conservation Easements
  • Miami Office
    701 Brickell Avenue
    Suite 1550
    Miami, FL 33131
    South Carolina Office
    Flamingo Street
    P.O. Box 7523
    Hilton Head Island, SC 29228


    View John Dalkowski's Consulting Profile.
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    G. Michael Phillips, PhD
    750 E. Walnut Street
    Pasadena CA 91101
    USA
    phone: 626-744-3540
    fax: 626-744-3530
    Phillips- Fractor-and-Company-Logo.gif
    Phillips, Fractor, and Company (PFC) is a boutique litigation support and consulting firm that specializes in Economic, Financial, Statistical, Managerial, Valuation, Accounting, and Complex Analyses.

    PFC's team is comprised of experts and consultants who blend active academic careers with real-world experience in a variety of fields. They draw on economic theory, statistical analysis, survey research, mathematics, computer science, business theories, and management best practices to conduct high quality research based on appropriate methodology to give precise insights into specific research problems which they clearly communicate in a variety of venues.

    Litigation Support / Testifying Experts - PFC's team of PhDs and other leading experts work closely with clients from the beginning to the end of each engagement, identifying key issues, selecting appropriate methodologies, conducting and supervising analysis, writing reports, and testifying or otherwise presenting results in a clear and understandable manner.

    Commercial Damages and Valuation Expertise:
    • Lost Profits - Business interruption, bad faith, faulty materials, transportation corridor closures, theft of trade secrets analysis. Analyze loss due to piracy, theft of trade secrets, unlicensed use of tools and plans, and intellectual property infringements
    • Commercial Damages - Estimate extensive damage or loss due to contract disputes, fraud and unfair competition, or negligence claims
    • Intellectual Property - Estimate losses and licenses associated with intellectual property. Apply advanced economic and statistical analysis, hedonic valuation methods, Georgia-Pacific factors, surveys, focus groups, analytical approaches, reasonable royalty analysis, cost savings estimates, industry "rules of thumb," meta-analysis, and other appropriate methodologies; brand and trademark confusion; market research surveys, focus groups, and analysis; utilization of online surveys for quantitative analysis and hypothesis testing; valuation of trade secrets, know-how, and proprietary processes; Hedonic Price Regression
    • Financial Analysis - Pro Forma analysis, deal analysis, simulations, "what if" analysis, real options valuation, and analysis of contracts. Competitive benchmarking, industry analysis, analysis of start-ups, cost of credit, credit rating damages, appropriate discount rates, weighted average cost of capital, cram down rates, and analysis of "but for" potential rates of return and appreciation
    • Investment Market Analysis - Analyzed hundreds of open market class action securities cases involving 10b-5, 33, and 34 act issues; investment valuation; event studies; options and derivatives valuation; portfolio construction; analysis of risk and return; analysis of investment characteristics; analysis of commissions; analysis of trading frequency; analysis of prudence; benchmark comparison and analysis; Index creation and analysis; ETFs, mutual funds, hedge funds, structured products, UITs, commercial banking; custom modeling
    • Investment Suitability - Link investor risk tolerance to investment characteristics; identify impact of investments on overall portfolio; model portfolio analysis; analyze impact of economy on investments and portfolios; UPIA; UPMIFA; managed accounts; PPM analysis; hedge funds; investment "systems"; quantitative modeling; surveys, focus groups, class census analysis; Real Options analysis; "what if" analysis; Monte Carlo & Simulation; Financial Econometrics
    • Internet Issues - Assess value by using statistics and econometrics to measure "internet presence"; test for trademark, URL, and brand confusion; start-up valuations; shadow stock valuation; domain name valuation; search engine confusion; unauthorized likeness
    • Industrial Organization & Competitive Analysis - Determine the competitiveness of markets including monopoly and monopsony power, concentration ratios, valuation of acquired interests, HSR analysis, pre-merger and acquisition analysis, securities valuation, financial analysis of contingent liabilities, real options analysis, industry analysis for trade associations and regulatory entities, econometric modeling and forecasting, and custom research
    • Entertainment Industry - Valuation, forecasting, modeling; statistical analysis of script content; royalty and licensing computation; quantitative analysis; special projects
    • Product Liability - Analyze customer records, perform actuarial type analysis on warranty claims and product failures, work with lemon law type issues, and perform surveys and focus groups to develop data regarding liability and damages
    • Real Estate & Urban Policy - Fiscal and economic impact analysis, financial analysis, and public private partnership/joint venture negotiations; eminent domain analysis; hedonic regression analysis; statistical valuation models; regional economic forecasting; analysis of public policy on local economy; impact of environmental issues on property values; impact of tax policy; special projects
    • Construction Defects & Destructive Testing - Create and supervise or evaluate sampling plans; compute margins of error; compute projections and extrapolations
    • Surveys & Sampling - Mail, telephonic, computer panel surveys; focus groups; questionnaires; intercept surveys; census; record sampling; warranty card analysis; Eveready, Sprite, and other marketing surveys; consumer expectation surveys; special projects
    • Statistics, Econometrics & Forecasting - Create forecasts, "what if" simulations and models, test hypotheses, and perform custom research
    • Class Action, Mass Actions, Mass Torts - Assess commonality, or lack thereof, using economic and statistical analysis; conduct census or surveys; design sampling for random depositions; analyze corporate records; special analysis
    View PFC's Consulting Profile.
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