Land Developing Expert Witnesses

Horizon Consulting Service

Dennis Wilson

Principal

909 14th Street

Modesto CA 95354
USA

phone: 209-491-7620

Summary
CV/Links

Dennis E. Wilson has over forty years of experience in Land Planning, Civil Engineering, and Land Surveying. His company, Horizon Consulting Service, specializes in Entitlements, In-Fill Projects, Civil Engineering, and Land Planning and Design for commercial, industrial and residential properties. Mr. Wilson works on both private and governmental projects.

As an Expert Witness, Mr. Wilson has participated in property line disputes, condemnation resolutions and land use issues.

Professional Memberships:

American Planning Association
Past Chair of Land Use Committee, National Association of Home Builders
Past Chair Land Use & Government Affairs, California Building Industry Association
Past Chair of BIACC PAC
Past Chair/Current Member on Land Use & Transportation Committee, Modesto Chamber of Commerce

• View Dennis Wilson's Curriculum Vitae

• Rate Schedule

Investment R/E Source

Robert Kehiayan, CPM

34071 La Plaza
Suite 140

Dana Point CA 92629
USA

phone: 949-443-3030

Summary
CV/Links
Articles

Robert Kehiayan Commercial Real Estate Expert Photo Robert 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.

• Robert Kehiayan's Curriculum Vitae

• Biography

• Expert Witness Blog

• Investment R/E Source Website

• LinkedIn Profile

• Facebook Page

• Videos: Real Estate Investing

• Video: Investment R/E Source: Property Management

• Video: Investment R/E Source: Due Diligence in Real Estate Purchases

• Video: Property Management and Leasing: Managing your Commercial Real Estate Investment

9/27/2016 · Real Estate

Landlord/Tenant Issues: Move-out Conditions - Defining "Broom Clean" and "Normal Wear and Tear" Condition at Move Out

By: Robert Kehiayan

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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McCormick & Associates

Timothy P McCormick, PE, CBO, CASp,

President

21250 Hawthorne Blvd
ste. 700

Torrance CA 90503
USA

phone: 310-792-7044

Summary
CV/Links

Timothy McCormick ADA Accessibility Expert Photo

Timothy P. McCormick, PE, CBO, CASp, President career spans four decades related to the construction industry. He currently specializes in ADA Accessibility.

Mr. McCormick is licensed in California as both a civil engineer and a general contractor. He holds certifications as a Building Official and Plans Examiner from the International Code Council and as a Certified Access Specialist (CASp) from the California Division of the State Architect.

Background - Mr. McCormick's work history includes duties as a carpenter, superintendent, general contractor, civil engineer, and building official before starting his own consulting company. His construction experience spans from the simplest of residential structures to the largest of current mixed-use, campus and institutional buildings. Along the way, he developed a strong practical approach to code compliance that creates innovative solutions to meet client needs and the intent of applicable regulations.

Mr. McCormick has authored several portions of local building codes and regularly participates in the development of State of California building code amendments related to accessibility. His professional memberships include the International Code Council, California Building Officials and the Certified Accessibility Specialist Institute.

Litigation Support - Mr. McCormick provides expert review of construction drawings and inspection of buildings for compliance with applicable codes, regulations, and practice standards. He has specialized knowledge in accessibility design and construction requirements mandated under the Federal Fair Housing Act, Americans with Disabilities Act and California Building Code.

His expert knowledge and code development work make him a much sought expert for litigation, construction and training needs. His expertise is available to counsel representing both plaintiff and defendant.

Areas of Expertise:

Review of Construction Drawings
Building and Land Use Codes
Code Compliance Building Inspection
ADA Accessibility Design Requirements

View Timothy McCormick's Consulting Profile.

• Timothy McCormick's Curriculum Vitae

• CASp Litigation Services

National Real Estate Research, LLC

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

Summary
CV/Links

John 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 $10 Billion in assets.

Mr. Dalkowski's major focus is litigation and arbitration support and expert witness services, diminution of real estate value / real estate damages, 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.

• John Dalkowski's Curriculum Vitae

• About National Real Estate Research, LLC

• Litigation Support

• Article: Appraising Waterfront Markets

• LinkedIn Profile

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

Summary

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

The Simmons Group, Inc.

Philip Simmons

President

P.O. Box 786

Lake Arrowhead CA 92352
USA

phone: 310-439-4119

fax: 310-300-3020

Summary
CV/Links
Articles

Philip 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.

• Philip Simmons' Curriculum Vitae

• Expert Witness Information

• Clients

• Testimonials

• LinkedIn Profile

12/2/2015 · Real Estate

Thinking Beyond the Assignment - Behind the Scenes Advocacy Selection and Management of Expert Witnesses

By: Philip Simmons

Selecting any expert witness requires an attorney to understand the issues at bar, as well as the opinions of experts that will be required to provide clarity to the finder(s) of fact. Some areas of practice, such as land use and real property litigation, often create added dimensions of complexity in evaluating and planning for necessary testimony. Obviously, litigation varies widely from case to case, and the attorney's challenge in putting together expert testimony to clearly define the facts and relevant conclusions of the case cover a tremendous range of issues. Considerations that go into properly evaluating the need for expert testimony, and subsequently selecting and managing the experts, can be one of the most critical aspects of case and trial preparation.

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Wamble & Associates

James D. Wamble, PE, RLS

PE, RLS

40 Middleton Street

Nashville TN 37210
USA

phone: 615-251-9555

fax: 615-251-9034

Summary
CV/Links

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.

• James Wamble's Curriculum Vitae

Jeffrey Phillip Weinstein, AIA

Office of Design & Construction
2115 Third Street, Suite 208

Santa Monica CA 90405
USA

phone: 805-798-0010

Jeffrey-Weinstein-Architect-Construction-Management-Expert-Photo.jpg

Summary
CV/Links
Articles

Jeffrey Phillip Weinstein, AIA, a California licensed Architect since 1982, with Masters Degree in Real Estate Development from USC, has been involved in the development, design and construction of office buildings, high-rise condominiums, multi-family residential podium-type projects, retail, neighborhood shopping centers and regional malls, hotels and resorts, hospitals, and schools (K-12 and University).

Expert in real estate development, government approvals, entitlements & permits, architect's standard of care, construction management, claims & defects, A/E/C agreements. Expertise includes building envelope & water intrusion, zoning & building codes, errors/omissions, destructive testing & repair, schools (DSA), hospitals (OSHPD), condominiums, commercial/retail/mixed-use projects, high-rise structures, hotels & resorts. Previous employers include Nadel and Callison Architects, Tishman Construction, Trammel Crow Company, Kaiser Permanente, and California State University.

Professional Licenses / Certifications / Affiliations:

California Registered Architect, License #12822
Member, American Institute of Architects, Urban Land Institute, Construction Specification Institute, and Society for Marketing Professional Services
Member, North Santa Barbara County Board of Architectural Review

Litigation Support: Jeffrey Weinstein has been retained as an expert witness as Owner's Representative, Construction Manager, Contract Administrator, Project Manager and Architect by Developers, Builders, Institutional Owners (Hospitals & Schools), Municipalities, and Corporate Clients. Mr. Weinstein provides professional Architectural and Construction Expert Witness opinion, testimony and services on matters, such as:

Architectural
Forensic Architectural
Construction Management
Building Code Requirements
Construction Industry Standards
Professional Standard of Care
Design Defects, Errors & Omissions

Construction Defects & Failures

Architectural Practice & Peer Review

Construction Claim Evaluation

Change Order Analysis & Cost Overruns

Zoning Entitlements, Land-Use, and Permitting

Project Delivery - Fast-Track, Design-Build, GMP

Design & Construction Accident Claims

View Jeffrey P. Weinstein's Consulting Profile.

• Jeffrey Weinstein's Curriculum Vitae

• Expert Witness Experience

• Construction Portfolio

• Publications

• LinkedIn Profile

• Article - Common Sense Strategies for Avoiding Construction Litigation

9/11/2017 · Construction

Common Sense Strategies for Avoiding Construction Litigation

By: Jeffrey P. Weinstein

ln our current climate of economic prosperity and rising real estate values, the prevalence and usefulness of construction litigation may be on the wane. Much of the litigation and expert opinion in recent years has resulted in unrealistic repair schemes for the sole purpose of producing a settlement among parties to the litigation. When a plaintiff expert recommends a "remove and replace in its entirety"1 scenario (for example, arguing that all exterior stucco must be demolished and reinstalled due to a lack of expansion joints), the defense expert frequently advocates a more modest "fix what's broken" scheme to provide a minimum repair at the lowest cost. This process consumes considerable time and resources, and creates a difficult environment in which to craft a settlement. More often than not, neither party is pleased with the outcome; unreasonable plaintiff positions often result in settlement amounts ranging between 15 to 25 percent of the claim amount.

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