Real Estate: Commercial Expert Witnesses

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.

Our firm specializes in Real Estate Law. We represent and help individuals and investors throughout the legal closing procedures, from due diligence stage until closing as per the constitution of Costa Rican Corporations to own property. We are also authorized representative for Stewart Title providing title insurance and escrow services in Costa Rica.

Please feel free to address any legal questions you may have regarding purchasing property in Costa Rica.

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 forty-five 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 also serves as Chairman of the City of Malibu Planning Commission where he advises 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:

Professional Standard of Care Construction Documents Analysis Architectural Design and Coordination Building Code Analysis Scope of Work Definition Errors and Omissions Analysis

Construction Defects & Negligence Change Order Analysis Communication Analysis Construction Administration Slip, Trip & Fall Architectural Detailing

View David Brotman's Consulting Profile.

Scope & Range of Services

Overview: Kenneth Free is a hotel and resort professional with over 40+ years of 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 Business & Public Administration (University of Missouri, Kansas City); BS- Hotel Administration, Harrah College of Hospitality (University of Nevada, Las Vegas); Registered Resort Professional, American Resort Development Association; Certified Master Hotel Supplier, American Hotel & Lodging Association; Real Estate Broker licensed by the California Department of Real Estate.

Detail:   Mr. Free’s company, Straightline Hospitality, Inc., provides Advisory and Expert Services for Hotels, Resorts, and Timesharing.  These services may be in relation to new properties going through the development or pre-development stages, those that are open and experiencing difficulties, or in situations where disputes have arisen among the stakeholders.   Additional current emphasis is in personal injury and wrongful death cases.

Key areas of consulting and expert effectiveness are –

Hotel Operations:

• Wrongful Death
• Premises Liability/Personal Injury
• Mismanagement
• Operational Issues
• Financial Issues
• Security Issues
• Industry Standards of Care

Hotel Development:           

• Economic Damages, Lost Profits, and Business Interruption Impacts
• Brand/System Affiliation or Conversion Issues; Management Contracts & Franchising
• Development Planning
• Project Management
• Strategic Planning, Market Repositioning, and Workouts for Distressed Properties

View Consulting Profile

AVAILABLE NATIONALLY
CERTIFIED RESTORERS * CERTIFIED INDOOR ENVIRONMENTAL CONSULTANTS *
CERTIFIED MICROBIAL REMEDIATION SUPERVISORS * CERTIFIED ENVIRONMENTAL INFECTION CONTROL CONSULTANT * CERTIFIED STRUCTURAL DRYING SUPERVISOR * CERTIFIED INFRARED THERMOGRAPHERS *
IICRC CERTIFIED MASTERS * LIC. GENERAL CONTRACTORS #299472

SUMMARY OF EXPERIENCE

 Brian Spiegel and David Spiegel offer expert testimony and consulting services regarding smoke, water, fire, mold contamination property damage restoration, reconstruction, and construction defect related problems. Both have been speakers nationally and internationally on property damage restoration, construction, and mold contamination related topics. In the past at the Property Loss Research Bureau (PLRB) national mold symposium in Charlotte, North Carolina and at the Forensics Consultants Association on toxic mold litigation and mold remediation in Newport Beach, California. In the media, Brian and David have written articles for industry trade magazines and given television and radio interviews, including one with Brian on ABC TV “Good Morning America” featuring a segment on mitigating water damage. 

CONSULTANTS AND EXPERT WITNESS

Mold & Bacterial Contamination Construction Defects Fire & Smoke Damage Industry Standards of Care

Structural Damages Water Damage Sewage Backflow Flooring Forensics

EXPERT SERVICES

Property Damage Contractor Inspections & Formal Reports Cause and Origin Investigations Smoke Particulate Testing Property Insurance Claims Testing

Detailed Construction Estimates Cost Damage Appraisals at Current Industry Pricing Litigation Support Infrared Structural Inspections Concrete Moisture Testing

PROPERTY DAMAGE ASSESSORS

• Residential and Commercial
• Appraisal Process: Appraisers & Umpires
• Contents and Structure

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.

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:

Management & Operations Income Analysis & Valuation Employment, Hiring & Labor Issues Lost Profits & Future Earnings Customs & Trade Practices Planning & Feasibility Upkeep & Maintenance Sales & Marketing Standards of Care

Franchise & Management Contracts Safety & Security Contractor & Entertainment Use Food & Alcoholic Beverage Handling Costs & Economic Impact Procurement & Purchasing Landlord / Tenant, Operator & HOA Issues Discrimination & Harassment Construction or FF&E Problems

View Dennis Gemberling's Consulting Profile.

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.

James B. (Jay) Hibert has been an active lender in the Commercial Banking Industry for over 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. Still an ACTIVE lender in the industry, Jay 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 65 times as an expert in 7 different states concerning matters relating to commercial lending, real estate, construction finance, SBA lending, brokerage, hard money lending 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 (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:

• Specialty Niche in SBA Real Estate Lending
• 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
• Loan Syndication/Secondary Market Loan Sales
• Title Insurance Cases

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

View Jay Hibert'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:

Real Estate Agency Obligations Real Estate Broker Fiduciary Duty Mortgage Broker Fiduciary Duty Commercial & Residential Real Estate Leasing Issues Real Estate Malpractice Mortgage Fraud

Mortgage Lending Real Estate Ethics Real Estate Standard of Care Real Estate Standard of Practice Real Estate Transactions Legal Malpractice Legal Fee Disputes

View Lawrence Jacobson's Consulting Profile.

Jeffrey S. Lapin, CPM®, is an expert in maintenance and management procedures and reasonable standards of care for commercial properties. He has been directly involved in Commercial Real Estate Management, Leasing and Construction for over 35 years.

Mr. Lapin is a Certified Property Manager (CPM®), certified by the Institute of Real Estate Management (IREM®) and a California licensed Real Estate Broker. Mr. Lapin is a certified instructor for IREM® and for the Building Owners and Managers Institute International (BOMI®), teaching courses for these prestigious international property associations, including courses required by IREM® and by BOMI® for the respective professional accreditations they offer, centered around construction 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 remains on the board of directors for IREM Chapter 22, presenting educational programs for IREM®. He is also Co-chair of the Commercial Advisory Counsel for the Sacramento Association of Realtors®.

Mr. Lapin specializes in Property Maintenance and Upkeep, Management Policies and Procedures, and Asset Value Protection. His background includes roles with institutional landlords including TIAA CREF, MetLife, The New England Life Insurance Company, and Principal Mutual Life, as well as 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 Real Estate Standards of Practice. His cases involve injuries, personal and financial, that occur as a result of an alleged failure by a commercial landlord to follow reasonable standards of care, for either the landlord or a non-landlord plaintiff's counsel.

Areas of Expertise:

Commercial Real Estate Personal Injury Commercial Real Estate Financial Injury Policies, Procedures for Maintenance Commercial Property Operations Commercial Property Management

Risk Mitigation Expense Management Slip and Fall Trip and Fall Gross Negligence

View Jeffery Lapin's Consulting Profile.

John Gillies is a Chartered Building Surveyor and the Senior Director of Johnson Gillies. Mr. Gillies is frequently involved in dilapidation assessments for Landlords and Tenants. In addition, he is often called upon to produce opinions and evidence in matters of dispute. Mr. Gillies provides Expert Witness reports for legal issues and appears in Court as an expert on construction and related matters.


The firm's Building Consultancy and Expert Services Include:

Surveys: Building, Homebuyer, Vendor, and Measured Surveys. Planned Maintenance, Defects Analysis, and Due Diligence Investigations.

Audits: Fire, Health and Safety, Environmental, Access, and Commercial EPC.

Development Consultancy: Development Monitoring, Party Walls, Planning, Rights of Light.

Construction Consultancy: Contract Administration, Design, Employers Agent, Feasibility Study, Fit Outs, New Build, CDM Co-ordination, Project Management, Refurbishment, Repair & Maintenance.

Landlord & Tenant: Dilapidations, Services and Charges, Licences and Alterations, Photographic Schedules, Schedules of Condition.

Dispute Resolution: Expert Witness, Adjudication, and Arbitration of:

Building Contract Disputes

Cost and Quality of Building Works Disputes

Expert Reports

Legal Evidence at Court

Insurance: Building Reinstatement Valuations and Insurance Loss Assessing.

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 S. Griswold, CRE, CPM, CCIM, PCAM, CCAM, GRI, ARM, has over 30 years of specialized experience in the field of Real Estate Management. He is currently active as a day-to-day hands-on, licensed practitioner, consultant, and expert witness in all aspects of real estate (except valuation). A 3-time graduate of the distinguished Marshall School of Business at the University of Southern California with a BS ('81), MBA ('86) and MSBA (2nd Masters) ('88) in real estate and related disciplines, Mr. Griswold is a recognized expert on management of all types of residential real estate. He has actively managed over 60,000 residential units and several million square feet of commercial, industrial, self-storage and retail properties nationally. He has extensive experience as a court-appointed receiver (over 160 times) for private lenders and major financial institutions. 

Litigation Support - In the last 25+ years, Mr. Griswold has consulted on over 2,000 litigation matters, has been deposed over 600 times, and provided sworn testimony in trial or arbitration on over 150 occasions in both state and federal litigation matters throughout the United States. Also serving as a court-appointed bankruptcy Custodian and Referee, his case work is very evenly divided between plaintiff and defense work. Mr. Griswold is uniquely qualified to opine on real estate related litigation matters having authored or co-authored the 9 best selling real estate books: Real Estate Investing For Dummies; Property Management Kit For Dummies; Mortgage Management for Dummies and Landlord's Legal Kit For Dummies. His 15+ years as an On-Air NBC-TV Real Estate Expert and a similar tenure as a major radio station weekly talk show host have prepared him to present opinions to juries. 

Areas of Expertise:

Property Manager or Broker Fiduciary Duty Transactions Lease / CAM Disputes Lease Mitigation Premises Liability - Trip & Fall Maintenance or Failure to Maintain "Slumlord" Allegations Health & Safety or Personal Injury Wrongful Death

Property Inspections Water Intrusion, Mold Bed Bugs Fair Housing, Discrimination HUD Management Issues, Criminal Acts Management / Receiver Fees Transfer Disclosures, Misrepresentation, Negligence Negligent Hiring, Supervision, Termination Association Board Duties and Negligence

View Robert Griswold's Consulting Profile.

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:

Expert Witness Testimony Environmental Consulting Legal Descriptions and Deeds Liaison for Municipalities Variance Applications Wetlands Applications Zone Changing Requests Riparian Rights

Riparian Surveys Beach Enhancements Property and Easement Descriptions Trip and Fall Surveys Photo Dynamic and Exhibit Surveys Vehicular Accident Diagrams Forensic Surveys Legal Affidavits

Areas of Expertise:

Accident Investigation Photo Analysis & Mapping Sidewalks / Walking Surfaces Slips Trips Falls ADA Compliance / ADA Design Commercial Development Construction Zones Real Estate Zoning Drainage Land Development / Site Work Land Mapping Land Surveying – PRIMARY

Land Use Planning / Site Planning Urban Design / Development / Planning Civil Engineering Sanitary Engineering Sewers Aerial Photo Analysis & Mapping Floods / Flood Studies Site Analysis DOT Rules & Regulations Highway Sight Distance Highway / Street Design

View Frank S. Ferrantello's Consulting Profile.