Real Estate: Consulting Expert Witnesses: 18

Michael J. Welton, a Self Employed Consultant since 1998, has been retained as an expert in over seventy-five separate cases in the areas of Property Management, Asset Management, Wrongful Death, Premises Liability, Real Estate Development and Toxic Mold Remediation Protocol for Commercial and Multi-Family properties. He has extensive experience dealing with injuries that occur on income-producing properties, toxic mold in residential and commercial properties, premises liability, life-safety issues, wrongful death, and standard of care in multi-family, retail, and commercial properties.

As a seasoned and experienced real estate professional, Mr. Welton has the background to develop successful income-producing assets, evaluate and complete the acquisition of income-producing assets, and create teams of individuals to professionally manage any type of real estate.

Significant Accomplishments:

• Increased annual rent from $18 million in 1990 to $49 million in 1995
• Supervised/negotiated credit tenant lease transactions generating in excess of $500 million of long-term revenue
• Consistent double-digit rates of return on invested capital
• Developed 1,212,000 square feet of retail shopping centers from 1990 to 1998
• Directly responsible for the acquisition and disposition of one asset generating before-tax profits of $32 million

Mr. Welton has court and deposition testimony experience in AZ, CA, OK, MO, OH, NC, and TX. He is available to travel ANYWHERE.

James D. Wamble, PE, RLS has over 40 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 10 times in 7 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:

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.

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, Management 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 and tenants. 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 and Shopping Center Management. 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:

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

David J. Brotman, FAIA, is an accomplished Senior Executive with proven career and solid experience in all aspects of Architectural and Engineering Firm Management, including project management, profit and loss, business development, mergers and acquisitions, sales and marketing, and strategic planning. He is a Fellow of the American Institute of Architects, with over fifty years of practical experience. 

Principal at Sunset Consultants, Mr. Brotman provides strategic planning and management consulting services for various entities, including those that need help with planning or architectural projects. He has served as Chairman of the City of Malibu Planning Commission where he advised on land use matters including the local coastal program, specific plans, zoning, conditional use permits, and subdivisions. Mr. Brotman spent 25 years with RTKL Associates Inc., one of the World’s largest Architect and Engineering Firms where he eventually served as its Vice-Chairman.

Presentation by: David J. Brotman, FAIA

Litigation Support - David Brotman provides expert witness services to attorneys representing Plaintiff and Defense. His skills include all facets of Architectural practice. His worldwide, multi-million dollar project experience includes retail, office, hotel, institutional, and mixed-use. Mr. Brotman's services include affirmative and rebuttal report preparation, mediation, and trial testimony. 

Areas of Expertise:

View David Brotman's Consulting Profile.

Peter John Ingersoll is a distinguished CEO and Corporate Broker for Safe Harbour Equity, Inc., specializing in Cannabis Real Estate and Investment. With over 40 years of experience in investment real estate, construction, development, trust, and banking, Peter's role encompasses a focus on cannabis sector real estate, mergers and acquisitions, and capital advisory services. He has successfully managed complex transactions, capital structures, startup business protocols, and basis transfers.

Litigation Support - As a cannabis thought leader and expert witness, Peter offers services to attorneys for plaintiff and defense for creditor, investor, partner, and founder disputes.

Areas of Expertise:

Background Experience - A former Series 7, 22, and 63 licensee, as well as a Series 65 registered investment advisor, Peter brings a wealth of knowledge in fiduciary responsibilities, real estate and company financing structures, and tax-deferred transactions.

Graduate of Wharton School – University of Pennsylvania – Finance

View Safe Harbour Equity, Inc.'s Consulting Profile.

Steven D. Epcar, CPM an Expert in Real Estate and Property Management Issues with 35+ years of experience;including residential, commercial, retail, hotel, condominium and mixed-use properties. Experienced in litigation support including standard of care, partnership conflicts, brokerage issues,landlord/tenant, valuation, personal injury, habitability, environmental, life safety cases. 

Steven is a member of the Forensic Expert Witness Association (FEWA).  He serves as a real estate consultant for institutional and private investors, providing an array of services: 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 development/investment/management firm.

Areas of Expertise:

Christopher Hanson, JD, CCIM, has over 44 years of experience in the Real Estate Industry. A retired trial lawyer of over 25 years who's dealt exclusively with real estate cases, Mr. Hanson currently provides subject matter expertise in all areas of real estate litigation.

Background Experience - As a California real estate trial attorney, Mr. Hanson has participated in over 880 Trials, Arbitrations, and Mediations (only 3 UDs). Cases have included negligence, fraud, non-disclosure, breaches of fiduciary duty, and contract. He's defended and sued brokers and their insurance companies. He has represented bidders, borrowers, and banks in regard to foreclosures; and both sides in loan workouts, and worked with national chains doing state-wide store rollouts, and lease renegotiations.  

Prior to his time as an attorney, Mr. Hanson worked for 12+/- years as a Real Estate Broker, actively selling and leasing property (commercial and residential). He holds a CCIM designation, earned by doing deals.  Before his role as a broker, he spent 7+/- years as a title insurance company Advisory Title Officer, where he researched and wrote Preliminary Reports.

Litigation Support - Mr. Hanson offers a balanced and unbiased opinion. His services are available to attorneys representing plaintiff and defendant and include document review, depositions, and discovery, along with arbitration and mediation. His opinion takes into account all the technicalities and nuances of real estate along with his 4 decades of experience, and is delivered in a way a jury can easily understand. 

Areas of Expertise:

Dennis Gemberling, CHA, CFBE, FMP, FCSI, President and Founder of Perry Group International, has over 35 years of experience in the Hospitality Management industry. His experience includes managing, operating, and consulting on full-service, limited-service, extended-stay, all-suite, condo and timeshare hotels and resorts, casual, fine-dining, and quick-service restaurants, bars and nightclubs, catering and special event facilities, casinos, and mixed-use real estate. 

Mr. Gemberling has held prior positions for different owners, operators, and chains as Senior Vice President, General Manager, Director of Food & Beverage, and Restaurant Unit Manager. He has been retained on over 400 projects with typical values in the $1 million to $75 million range and revenues in the $1 million to $100 million range both nationally and internationally. His many clients have include among others Biscuits & Blues, Cantina’s, Chevy’s, Choice Hotels, Embassy Suites, Hampton Inns, Hilton, Holiday Inns, Hooter’s Casino, Hyatt, Marriott, McDonald’s, Microtel Inn & Suites, Outback Restaurants, Radisson, Residence Inns, Signature Resort, Sizzler, Sonic Drive-Ins, Starbucks, Starwood, Sheraton, Togo’s, Wendy’s, and Willie Mays Skybox Lounge. 

Litigation Support: Dennis Gemberling is a Certified Hotel Administrator, Certified Food and Beverage Executive, Certified Foodservice Management Professional, and Certified Food Safety Manager. He offers expert witness services to attorneys for plaintiff and defendant cases on a variety of Hospitality-related claims. He is a Professional Member of Foodservice Consultants Society International and the Forensic Expert Witness Association. Mr. Gemberling also provides expertise as a Court Appointed Receiver and Interim Property Manager and is currently the Past President and a Board of Director for the California Receivers Forum – Bay Area Chapter. 

Areas of Expertise:

View Dennis Gemberling's Consulting Profile.

Attorney, Lawrence H. Jacobson, has been practicing in the area of Real Estate Transaction Law and Litigation for more than 50 years. Over the past 30 years, he has been sought out as an expert witness in real estate and legal malpractice disputes and lawsuits in litigation cases throughout the country. 

His firm, The Law Offices of Lawrence H. Jacobson, A Professional Corporation, is recognized as one of the nation's premier offices providing expert testimony in litigation involving all Real Estate Matters and Legal Malpractice. 

Mr. Jacobson has been engaged in the practice of law in Los Angeles since 1968. Formerly Vice President of Legal Affairs for the California Association of Realtors, Mr. Jacobson has served as a judge pro tem for the Los Angeles and Beverly Hills Municipal Court Systems and as an adjunct professor of law focusing on real estate secured transactions and administrative law. He is Past President of the Beverly Hills Bar Association. He has written and lectured extensively on business and real estate related matters. He has served on the faculty of the Graduate Realtors Institute of the California Association of Realtors and a lecturer author for the California Continuing Education of the California Bar.

Litigation Support - Mr. Jacobson offers an impressive record of success as an expert witness in real estate, business, and finance. Included among the numerous cases in which he has testified as an expert witness are disputes over the interpretation of real estate documents, real estate and mortgage brokers’ standard of care and legal malpractice related to real estate transactions and business law including issues involved in corporate finance, merger and acquisition and ethics.

Areas of Expertise:

View Lawrence Jacobson's Consulting Profile.

Jeffrey S. Lapin, CPM, ARM, DREI, is an expert in maintenance and management procedures and reasonable standards of care for commercial and residential multifamily properties. He has been directly involved in Property Management, Leasing and Construction for over 40 years. 

Mr. Lapin is a Certified Property Manager (CPM®) and an Accredited Residential Manager (ARM), certified by the Institute of Real Estate Management (IREM®). Mr. Lapin is a certified instructor for IREM® and is a co-author of IREM's Maintenance and Risk Management Course (MNT 401). Mr. Lapin teaches for the Building Owners and Managers Association (BOMA®) and is a Distinguished Real Estate Instructor (DREI). Mr. Lapin teaches courses for these prestigious international property associations, including courses required by IREM® and by BOMA® for the respective professional accreditations they offer, centered around inspection and maintenance topics. He also served as President of the Institute of Real Estate Management (IREM®) Chapter 22 in Sacramento, California in 2016. 

Mr. Lapin specializes in Standard of Care for Landlords, Property Maintenance and Inspection Procedures, Management Policies and Procedures, and Asset Value Protection. His background includes roles with a diverse group of private property owners. His experience is in managing and leasing all types of property including commercial and multi-family residential, industrial, office, and retail real estate assets. 

Litigation Support - Mr. Lapin provides expert witness services on Commercial and Residential Real Estate Standards of Practice. His cases involve injuries, personal and financial, that occur as a result of an alleged failure by a commercial or multifamily landlord to follow reasonable standards of care and industry standard practices.

Areas of Expertise:

View Jeffery Lapin's Consulting Profile.

Jay Hibert was in the Commercial Banking Industry for over 25 years before leaving to form his own company, a real estate lending and consulting company. The company provides services to banks, non-banks, and individuals in need of creative financing solutions.  Still an ACTIVE lender in the industry, Jay stays updated on current customs and practices and has transacted hundreds of real estate and non-real estate loan negotiations in times of economic growth as well as downturns in the economy. His extensive credit background arms him with the understanding of how banks and other lenders operate internally.  

Litigation Experience - Mr. Hibert has been providing expert witness and consulting services since 2010. He has been designated over 250 times as an expert in 25 different states concerning matters relating to commercial lending, real estate, construction finance, SBA loans, brokerage, hard money loan expert and investment issues. His experience includes both Federal and State court cases where he has provided deposition testimony, trial testimony and arbitration testimony. 

Jay is a licensed Real Estate Broker (Cal DRE #01523) and for 10 years his company was 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:

• SBA Real Estate Loans
• Hard Money Loans
• Lending Policies, Custom and Practice/Lender Liability
• Broker Standards of Care and Fiduciary Responsibility
• Loan Underwriting and Credit Administration
• Loan Process and Bank Loan Restructure/Workout Process
• Note Valuations/Collateral Review
• Litigation and Discovery Consulting
• Banking Operations/Administration
• Expert reports adherent to Federal Rule 26
• Hard Money Lending
• SBA Lending
• Loan Syndication/Secondary Market Loan Sales
• Title Insurance Cases
• Private Money Lending
• Predatory Lending
• Financial Elder Abuse
• Covid Related Finance Issues

*****Experienced in trial and deposition testimony*****

View Jay Hibert's Consulting Profile.

P. Marc Fischer | MBA, M.Ed. | CPM^®, RPA^®, CCIM^®, LEED^® GA, BOMA Fellow 

Marc Fischer is an internationally recognized Commercial Real Estate (CRE) expert with over 30 years of proven performance in property management, building operations, and asset management. 

Marc has served as an expert in more than 37 cases in courts across the US.

As an expert witness, Marc helps uncover the truth in complex real estate-related cases. Marc is well-known in the CRE community as a thought leader. He deeply understands CRE operations and the role of exceptional real estate management in optimizing asset value. As a highly skilled facilitator and instructor, he has the unique ability to communicate complex concepts clearly and concisely to legal professionals, judges, juries, and the general public.

He is recognized for thorough expert witness reports and straightforward testimony in depositions and trials. He supports both plaintiff and defendant counsels in various real estate-related issues, including:

Highlights Include:

• 8+ years of expert witness experience on complex property management and building operations cases
• 30+ years of experience in all aspects of commercial real estate (CRE) property management, asset management, property operations, and construction
• MBA in Management
• M.Ed. in Adult Education & Training (highly valuable for explaining complex concepts to judges and juries)

Industry Designations:

• Real Property Administrator (RPA®)
• Certified Property Manager (CPM®) 
• Certified Commercial Investment Member (CCIM®)
• LEED® Green Associate
• BOMA Fellow

Author of more than ten (10) CRE textbooks, guides, and manuals, including (all translated into Mandarin):

• Thinking Like an Asset Manager: A Guide for CRE Property Managers
• Building Maintenance: Industry Standards, Best Practices, and Innovations
• Acquisitions, Dispositions & Underwriting
• Measuring Financial Returns
• Lease Analysis, Evaluation, Negotiation, and Approval
• Foundations of Real Estate Management
• Proactive Maintenance Guidebook for Industrial Properties
• Managing Industrial Properties
• Guide to Developing a Standard Operating Procedure Manual
• Guide to Exterior Maintenance Manual

View INSPIRE CRE, LLC's Consulting Profile.

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

Frank S. Ferrantello, PLS, is a New York State Licensed Land Surveyor with over 20 years of experience in Surveying, Civil Engineering, and Land Use Planning. Both his field and office Work experience have dealt with a wide range of projects and sites including residential single, multifamily, high rise municipal, utility, private and public, commercial, and industrial. Prior to and post college, 

Mr. Ferrantello worked for the firm of John P. Ferrantello PC from 1998 to 2010 and MJM engineering from 2008 to 2016. His duties consisted of performing office and field surveying, drafting, research, computations, boundary analysis, solutions, investigations and determinations. 

Mr. Ferrantello also has extensive experience in Site Planning and Subdivision Consulting, examining title records, deeds and other recorded documents such as ingress and egress, pedestrian easements, right of ways, air and development rights, vista easements, bridle paths, beach, bathing and mooring rights, covenants and restrictions, real property, zoning, and other land use principles. 

Litigation Support - A mapping professional, Frank S. Ferrantello will enhancing your case, whether it is a vehicular accident, tree collision, wrongful death, adverse possession, extreme error, or misconduct surveys and maps. He has extensive knowledge of the local Long Island zoning codes, site planning and subdivision regulations. His services are available to attorneys representing plaintiff and defendant, insurance companies, and experienced developers. 

Legal Services:

Areas of Expertise:

View Frank S. Ferrantello's Consulting Profile.

Timothy L. Unger's 40 year career has been focused on the Residential Sector of Real Estate ranging from the acquisition and development of large-scale multi-product master planned communities, home building and the acquisition of land portfolios.

Litigation Support - Mr. Unger provides analysis and testimony for land development, entitlement, and valuation of residential project cases. His services include thorough examination and reporting, depositions, and trial testimony as needed.

Background Experience - For the last 15 years, Mr. Unger and his partner of several years formed their own development company. They focused on the acquisition and entitlement of both greenfield and infill sites. In addition, Mr. Unger has completed some Expert Witness assignments that are master planned community oriented.

Relevant Experience:

• Managing the acquisition of two large real estate portfolios, including the underwriting, entitlement, financial analysis and business plan. Each one comprised of over 10,000 acres and 100 distinct parcels.
• The acquisition and restructure of a large master planned communities in northern and southern California. The ongoing development activities were accomplished with a dedicated on-site team selected and managed by Mr. Unger.
• Through the management of the entities describe above, built and sold approximately 8,000 homes, including 1,500 by his own company.
• Developed two significant brownfield projects in northern California including oversight of ground water and soils remediation.
• Entitled several individual as well several master planned projects, including working with the resource agencies to obtain permits necessary to initiate development
• Experience with all forms of CEQA compliance.