Real Estate (General) Expert Witnesses

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.

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.

Hamid K. Toossi, BSCE, MBA, EIT, M ASCE, TAI's founder and CEO, has over 35 years of academic and hands-on experience in the design, build, and management of heavy Civil and Commercial Construction projects.

Mr. Toossi's experience includes Critical Path Method (CPM) Scheduling, Engineering, Construction Management, Contract Administration, Cost Estimating, Value Engineering, Claims Analysis, and Expert Services for Construction Claims and Contract Disputes, in the United States as well as overseas.

Mr. Toossi has participated in numerous Continuing Professional Education courses, both as an instructor, and as an auditor, in Contract Law, Construction Law, Business Law, Leadership, Management, Engineering, Construction Management, and Construction Claims. He is a member of the American Society of Civil Engineers (ASCE), the National Society of Professional Engineers (NSPE), and the founding member of the American Society of MBA Executives.

Litigation Support: Hamid K. Toossi offers expert witness services to law firms representing both plaintiff and defendant. His services include written reports, depositions, arbitration, mediation, and trial testimony as needed. He has been involved in numerous Construction Claim cases including:

• Testimony before the American Arbitration Association in connection with a GC bond claim against a surety insurance company and counter claim by insurance company for fraudulent inducement and wrongful termination etc.
• Testimony before the circuit court, in Fairfax, VA, in areas of concrete construction materials and methods in connection with a water reclamation facility construction project in Ashburn, VA.
• Prepared testimony as part of litigation before the United States Court of Federal Claims in areas of Critical Path Method (CPM) Scheduling, delay, disruption and loss of productivity, in connection with design and construction of two submarine decompression chambers for US Naval Facilities Engineering Command

Areas of Expertise:

Concrete and Concrete Construction Critical Path Method (CPM) Construction Acceleration Claims Construction Defects CPM Scheduling Scheduling Delay & Analysis

Construction Claims Construction Delays Forensic Evaluation Construction Disputes Concrete/ Foundations Proof of Damages Calculation

View TAI's Consulting Profile.

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

Francis Stanisz, AIA, CPC, has 35+ years experience as a licensed Architect and General Contractor. Mr. Stanisz's experience includes the architectural design of numerous projects including restaurants, office buildings, recreational buildings, and financial institutions. He is responsible for the construction of projects totaling in excess of $50 million dollars. He is adept at contract negotiations, loan agreements, lease agreements, hiring and coordination of architectural and engineering services, construction management, and all development management. Litigation Support - Having also been a real estate developer for 10 years, Mr. Stanisz offers a broad perspective with respect to architecture and construction litigation. He has worked on behalf of architects, general contractors, subcontractors, and real estate developers in several states, including Maryland, Colorado, Utah, Wyoming, Missouri, North Dakota, and Montana. He has the ability to work throughout the continental United States. Mr. Stanisz has provided investigation, reports, and testimony in over 150 cases including

• Architect Standard of Care
• Construction Defects
• Contractor / Developer Standard of Care
• Design / Build
• Job Site Safety

View Francis Staniz's 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

Shuster & Company, PC is a full-service Forensic & Business Valuation Accounting Firm serving clients throughout the United States and occasionally throughout the world. They are dedicated to providing our clients with professional, personalized services and guidance in a wide range of financial, business, and forensic needs. Their professional services include:Forensic Accounting - Business Valuation - Divorce Matters- Accounting & Tax Issues
Principal, Steven J. Shuster, CPA/ABV/CFF/CGMA, CVA, FCPA and his team provide litigation support services for a number of forensic accounting issues. They are experienced in identifying, collecting, analyzing, and interpreting financial and accounting data and information; applying the relevant data and information to a legal dispute or issue, and rendering an opinion as to their analysis. They have been accepted as experts by the Courts on numerous occasions and have served as consultants for plaintiffs and defendants in a wide variety of civil and criminal legal matters.

With a track record of helping counsel unravel challenging financial and economic issues in disputes, they provide valuable insight and clarity, helping their clients during every stage of a contested matter, from early case assessment and discovery to case strategy, damages analysis and settlement services.

Areas of Expertise:

• Damage Analysis - Assist attorneys and clients in calculating damages in litigation cases or rebutting claims by opposing counsel.
• Family Law and Divorce Support - Business Valuations, spousal and child support matters, asset tracing, income characterization and calculation and division of assets.
• Fraud Investigation Consulting - Investigate alleged misconduct, and measure the financial implications of disputes.
• Lease Review Services - Analysis of commercial real estate leases and conducting lease reviews of rent, operating expenses, common area maintenance (CAM) expenses and real estate taxes to identify potential financial savings on behalf of tenant.
• Assisting Claims Adjusters - Business interruption, inventory loss, extra expense, lost earnings / profits, subrogation, product liability, general liability.
• Malpractice - Compare activities performed by the professionals to applicable professional standards and practices.

CV Available Upon Request.

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.

Peter W. Leibundgut, Esq., has 30 years of transactional, public, and private commercial and real estate finance, legal and bank consulting experience. He currently provides a range of financial services to borrowers and domestic and foreign private and institutional investors in connection with structuring, placing, and conducting due diligence in Commercial and Real Estate Financing Transactions.

Mr. Leibundgut has decades of experience performing due diligence investigations, structuring, closing and restructuring public and commercial financial transactions on behalf of lenders; county, state and federal authorities and issuers; underwriters; finance companies; private equity and hedge fund investors; and borrowers.

Litigation Support - Mr. Leibundgut serves as an expert witness and provides litigation support in cases involving contract disputes and complex public and commercial finance matters centering on debtor and creditor rights. He has served as an expert, provided litigation support, rendered expert reports, and testified in cases involving several billion dollars over the last seven years. Three of his cases were nationally recognized and several were cases of first impression. Mr. Leibundgut has also represented the FDIC in forensic commercial loan review.

Areas of Expertise:

Ponzi Schemes Lender Liability Legal Malpractice Whole Bank Acquisitions Shared Loss Matters Fraud and Gross Negligence Niche Lending Contract Expertise Factoring Securitizations Bonds Syndications Healthcare

Commercial Real Estate P3s Transportation Purchase Orders Public and Private Offerings Letters of Credit Secured and Unsecured Transactions Bank Policy and Procedure Bankruptcy Derivatives Equipment Leasing Microfinance Aircraft and Vessel Finance

View Peter Leibundgut's Consulting Profile.

Richard Payne is a Mortgage Banking Expert and Managing Partner for Payne Advisory, LLC. He has served as lead advisor for the RTC at Prudential Securities for Mortgage Securitizations and on the Regional Advisory Boards of both FNMA and Freddie Mac. Mr. Payne has also served as President and CEO of several large and small cap mortgage banking firms. 

Areas of Expertise:

Expert Witness services Put-Back Reviews Mortgage Risk Evaluations Loss Mitigation Strategies Merger & Acquisition Advisory Operational Overviews Credit Reviews Branch Reviews

Warehouse Evaluations Board of Director Training Government Relations Hard Money Lending Mortgage Capital Markets Distressed Asset Reviews Specialty Servicer Reviews

Payne Advisory, LLC, has thirty years of Wall Street and Main Street experience and assists Companies to proactively address mortgage crisis issues. Its consultants include Lisa Jones who specializes in all aspects of residential mortgage banking, state and federal regulatory compliance, underwriting, credit risk and loss mitigation.

Paul Grundy, RICS, FRICS, is a Chartered Building Surveyor and the Director of Paul Grundy Surveying. He became FRICS certified in 1984 and is a member of the RICS Expert Witness Registration Scheme, the Expert Witness Institute, and the Pyramus & Thisbe Organisation of Party Wall Surveyors.

Mr. Grundy has acted as an Appointed Surveyor for both Building Owners and Adjoining Owners since the 1996 Act, to settle Party Wall matters. He has worked with Period Property since 1968, undertaking building surveys and advising on their maintenance, repair, alteration and extension. This includes all types of historic buildings in addition to those listed Grade 1 for their Special Architectural or Historic Interest.

Mr. Grundy first appeared in Court as an Expert Witness in 1980. Since then he has been an Expert Witness in numerous property disputes and has appeared before the High Court. Mr. Grundy is often appointed as a Single Joint Expert whose duty it is to assist the Court in determining disputes. Paul Grundy Surveying Services Include:

Property Disputes: Boundary, Building and Professional Negligence, Insurance Claims

Architectural Services and Project Management: Extensions, Alterations, Repair, New Build and Historic Building Conservation

Commercial Property: Building Surveys, Schedules of Dilapidation & Condition, Planned Maintenance

Building Surveys: Residential and Period Property

Party Walls: Building and Adjoining Owner Appointments

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.