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Real Estate: Development Expert Witnesses

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Andrew Karic
Construction Expert Witness & Consultant
6601 E. Grant Rd., Suite #119
Tucson AZ 85715
USA
phone: 520-323-1005
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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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    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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    Capital Consultants Realty Services
    Roland Freeman
    CPM, CRE, FRICS
    5720 LBJ Freeway Suite 460
    Dallas TX 75240-6328
    USA
    phone: 972-233-3550
    fax: 972-233-3540
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    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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    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 more than 980 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.
    #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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    Straightline Advisors
    President
    2808 Ashworth Circle
    Las Vegas NV 89107
    USA
    phone: 805-373-6840
    fax: 888-473-6510
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    Scope & Range of Services

    Overview: Kenneth Free is a hotel and resort with 43-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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    Landmark Real Estate Research
    Dr. Thomas A. Musil, DPA, CVA
    13857 Kendall St. NE
    Forest Lake MN 55025
    USA
    phone: 612-207-7895
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    Dr. Thomas A. Musil, CVA, has over 35 years of experience in the Real Estate field and is a retired full-time Real Estate Professor. He has extensive experience serving as an expert witness in residential, multifamily, commercial, industrial, and institutional property disputes. Dr. Musil is a real estate broker and holds the Certified Valuation Analyst (CVA) designation. He provides expert testimony, research and analysis services to counsel representing Plaintiff and Defense.

    Real Estate Sales Agent & Broker Disputes:
    • Ethics & Conflicts of Interest
    • Negligence & Malpractice
    • Standards of Care
    • Due Diligence
    • Real Estate Industry Standards
    • Fiduciary Duties & Breach of Duty
    • Disclosure of Material Facts
    • Licensing Requirements
    Expertise and Experience:
    • Arbitration
    • Financing
    • Practices & Procedures
    • Water & Mold Damage
    • Seller Misrepresentation
    • Property Management
    • Housing Discrimination
    • Landlord/Tenant
    • Planning & Zoning
    • Economic Impact of Development
    • Development
    • Economic Loss
    • Business Interruption Damages
    • Disparate Impact in Housing Code Enforcement
    • Fraud
    • Mortgage Foreclosure Practices
    • Real Estate Settlement Procedures Act (RESPA)
    • Premises Liability
    • Property Defects
    • Homeowners Association (HOA) Disputes
    • Tenant in Common (TIC) disputes
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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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    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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    Property Development Consultant
    3861 N.31st Terrace
    Hollywood FL 33021
    USA
    phone: 954-987-1077
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    Howard N. Shapiro has over 40 years of experience in his field of Property Development. As a Director and Senior Vice President of Pacific International Equities, Inc., which, during his 26 year tenure, was Miami Beach’s largest, luxury, condominium, high-rise developer, he oversaw the acquisition, planning, design, development, and marketing of over 4,500 units with a market value exceeding $750,000,000.

    In 1997, Mr. Shapiro left Pacific to start his own firm, Howard Shapiro & Company, where he provides Consultancy and Expert Witness Services to the development industry. He currently lends his experience to the legal industry as an expert witness in cases involving real estate development. Mr. Shapiro is also qualified as a Florida Supreme Court Arbitrator. He is available for cases involving:
    • Property Development
    • Property Transactions
    • Condominium Development
    Given his experience, Mr. Shapiro has recently been asked by the University of Miami School of Law to assist its LLM Program in Real Property Development, which led to his being appointed to its Adjunct Faculty as its Developer in Residence. Working with law students and faculty, he lectures and assists students and professors in the classroom setting, where he present the client’s point of view and the reality of the real estate development industry, which complements the theoretical legal aspects learned by students through their law classes.

    Because of his broad development experience, particularly in the field of South Florida condominiums, he was invited by Florida’s pre-eminent condominium and association legal expert, Gary Poliakoff, Esquire, to edit his book, “New Neighborhoods: a Consumer's Guide to Condominium, Co-op, and HOA Living.”

    Approved by the Florida Supreme Court as a Certified Circuit Court Mediator and Qualified Arbitrator.

    View Howard Shapiro's Consulting Profile.
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    Barbara Tarin CCIM, ALHS, GREEN, TRC
    PO Box 1229
    Temple TX 76503
    USA
    phone: 210-885-7400
    fax: 254-295-0257
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    Barbara Tarin, CCIM has over 40 years experience in the Real Estate Industry. She has been focused on expert witness work since 1998, including commercial and residential cases nationwide.

    Ms. Tarin's background includes 19 years of Property Management experience, including office (garden, mid rise and high rise), retail, industrial, and multi-family. She is knowledgeable in real estate marketing and market analysis. Ms. Tarin is also a leasing expert from both the landlord and tenant perspective. She recently achieved the National Association of Realtor's Green Designation, which is the only environmental real estate designation addressing multiple specialties.

    With extensive experience as an expert witness, Ms. Tarin has performed work on legal cases up to $200 million. Her litigation support services are provided to attorneys for both Plaintiff and Defense on such issues as Real Estate Ethics, Lease Disputes, Property Management, and Financial Analysis.

    Areas of Expertise Include:
    • Commercial / Residential Real Estate Brokerage Practices
    • Landlord / Tenant Disputes
    • Property Management Issues
    • Real Estate Development
    • Financial Analysis
    • Operating Expense Disputes
    • Broker Opinion of Value
    • Marketing and Market Analysis
    • Commercial Real Estate Leases / Lease Buyouts
    • Corporate Real Estate
    • Due Diligence
    • Site Selection and Analysis
    View Barbara Tarin's Consulting Profile.
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    Michael P. Russell
    Principal
    8209 Tuscany Avenue
    Playa Del Rey CA 90293
    USA
    phone: 310-745-1560
    fax: 310-305-8570
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    Michael P. Russell and Mark McCaslin has over 75 years of Real Estate experience as an expert witness regarding the buying, selling, financing, leasing and developing of all property types. In 2011, serving as their real estate expert witness, my clients and legal teams were successful in winning judgments of $50.3M (validated four joint ventures), $22M (valuation of real estate portfolio) and $3M (Substantiated terms of payment due by a public agency to a private developer).

    Experience:
    • Managed $2B in Transactions
    • Sold over $500M in Property
    • Entitled over 5,000 residential units; 7 million sq. ft. of office space
    • Developed over 2 million sq. ft. of office
    Areas of Expertise:
    • Receiverships
    • Valuation
    • Partnership Disputes
    • Lender/Borrower
    • Landlord/Tenant
    • Broker Standard of Care
    • Entitlements
    • Title and Easements
    • Public/Private Agreements
    • Homeowner Associations
    • Real Estate Contracts and Instruments
    • Divorce--Real Estate Forensics, Valuation and Distribution
    View Consulting Profile.
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    Philip Simmons
    President
    5023 Butterfield Ct.
    Culver City CA 90230
    USA
    phone: 310-439-4119
    fax: 310-300-3020
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    Philip Simmons Real Estate Expert PhotoPhilip Simmons has 30 years of experience managing major Real Estate Developments. Having served as Division President of the nation’s largest private residential development company, he has unique executive, development, legal, and brokerage skills.

    Mr. Simmons is a land use attorney and licensed California real estate broker. He has provided complex development project and organization management services to some of the nation's largest public and private development companies and public agencies, as well as individual land owners and businesses with real estate interests.

    Litigation Support - Mr. Simmons offers expert witness and non-testimony expert consultation on behalf of legal counsel or real estate developer / investor in matters involving front end due diligence, acquisition, contracting and entitlements relating to major real estate development issues. His services are available to attorneys representing both Plaintiff and Defense. With superb presentation, testimony, and communication skills, Mr. Simmons offers creative solutions to difficult litigation challenges. Consulting and/or expert witness services.

    Areas of Expertise:
    • Land Use
    • Acquisition
    • Entitlement
    • Development
    • Contracts
    • Syndications
    • Finance
  • Disposition
  • Project Management
  • Negotiations
  • Strategic Planning
  • Business Planning
  • Consultant Selection
  • Public Hearing
  • View Philip Simmons' Consulting Profile.
    12/2/2015 · Real Estate
    Any thoughtful expert regularly struggles with the desire to offer our hiring attorneys ideas or information that go beyond the scope of the matters on which we were asked to opine. As experts in our field, we often bring a perspective and understanding of the often complex and multi-dimensional issues that go well beyond that of our attorney clients. Some lawyers welcome the broader view we can offer, some actually craft their case around our positions, but some just want to limit us to answering the questions we were asked. Technically our job, after all, is to advocate for our opinion - not to advocate for a specific outcome of the litigation. That said, our value to our client attorneys is enhanced when we help them craft arguments that will win the case.

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    James D. Wamble, PE, RLS
    PE, RLS
    40 Middleton Street
    Nashville TN 37210
    USA
    phone: 615-251-9555
    fax: 615-251-9034
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    James D. Wamble, PE, RLS has over 30 years of experience as a Professional Civil Engineer and Registered Land Surveyor. During the course of his career, Mr. Wamble has worked on land planning, land surveying, or civil engineering projects in all counties of the middle and west Tennessee regions, and several counties in east Tennessee.

    Mr. Wamble has offered litigation support services as an expert witness in cases since 1976. In the last four years, he has testified 12 times in 8 lawsuits. These litigation cases include land planning, land surveying, and civil engineering issues. Mr. Wamble has experience with depositions, trials, hearings, and arbitrations.

    Expert Witness Services Include:
    • Research
    • Site Inspections
    • Engineering Analysis
    • Land Surveys
  • Survey and Civil Engineering Drawings
  • Investigation
  • Report Writing
  • Exhibit Preparation
  • Areas of Expertise:

    • Civil Engineering: Design of grading, drainage, utilities, roads, lakes, dams, detention basins, parking lots, shopping centers, subdivisions, apartments, condominiums, planned unit developments, specific plans, industrial parks, mobile home parks, mini warehouses, hotels and office building site plans; flood, drainage, and utility studies; low impact design; financial developability and constructability analysis of proposed developments; preparation of cost estimates; assisting clients in setting project budgets; designing projects to contain cost within determined project budget; construction project management, inspection, administration, and processing of contractors’ pay requests
    • Land Surveying: Topographic, Route, Land, Boundary, Utilities, Aerial ground control, Engineering design, and Construction Surveys
    • Land Planning: Land use/development feasibility analysis, planning and concept design of residential, commercial, industrial and municipal projects; zone change applications; planned unit development and specific plan applications; site selection consultation; and graphic presentations
    View James Wamble's Consulting Profile.