Real Estate: Development Expert Witnesses

MCS Associates is a nationally recognized consulting group that has provided financial, operations and regulatory/compliance consulting services nationwide to financial institutions, insurance companies and regulatory agencies as well as real estate and financial services organizations for over 40 years. Expert Witness and Litigation Consulting are a primary focus of our services. We undertake expert witness assignments throughout the United States and our clients include several hundred leading law firms around the country, working on behalf of both plaintiff and defendant financial institutions, borrowers, depositors, investors, developers, insurance companies and their insured, securities/insurance/real estate brokers/agents, regulators and government agencies, and individuals. 

Together with MCS Associates’ specialized resources in banking, financial services and real estate, we also draw on key strategic alliances in insurance, economics, academia and the securities industry to meet a wide range of expert witness needs. Our litigation experts include experienced bankers, lenders, consultants, regulators, managers, brokers & agents in insurance, real estate, and securities; insurance claims and underwriting managers; economists, accountants, appraisers, real estate analysts, and academics. 

Areas of Expertise Include:

• Banking Operations/Administration
• Check Fraud
• Lending Policies, Custom and Practice
• Loan Underwriting & Credit Administration
• Loan Securitizations & Servicing
• Bankruptcy, Foreclosures and Workouts
• Trust & Fiduciary Issues / Operations
• Securities Brokerage & Investments
• Valuations & Damages Analysis
• Forensic Accounting
• Employment / Compensation
• Real Estate Brokerage & Management
• Title Insurance & Escrow
• Real Estate Appraisal & Transactions
• Insurance Industry Custom & Practice
• Insurance Coverages / Claims Handling
• Insurance Bad Faith

Dick Bridy, PhD, is a Commercial Real Estate expert and entrepreneur with over 40 years of Commercial Real Estate Development, Brokerage, Investment, Leasing, Private Equity Sourcing, Operations, Construction, and Asset Management experience. He is the CEO of DBI Group (DBI) and Bedrock Investments Group (BIG), Bedrock 1st Mortgage, DBI Commercial Real Estate, and a principal of DBI Asset Management. 

Background Experience - Dr. Bridy and his team entitled and built two shopping centers and five single tenant properties. In addition, he has contracted for the redevelopment of over 3.5 million sq. ft. in 14 shopping centers in the Midwest and the Western US.

An accomplished scholar, Dr. Bridy is a graduate of the Wharton School at the University of Pennsylvania with a B.Sc. in Economics. His graduate studies garnered academic honors recognition from the San Diego State University Graduate School of Business, the Marshall School at the University of Southern California, and the University of Phoenix, from which he received an MBA, EMBA, and PhD respectively.

For decades, Dr. Bridy has served on the boards of many prominent real estate organizations, including the National Association of Realtors, California Association of Realtors, San Diego County Commercial Association of Realtors, and CCIM.

Litigation Support - Dr. Dick Bridy delivers real estate expert witness testimony for the commercial real estate and brokerage industry nationwide. He has been engaged by both plaintiff and defense attorneys. As a commercial real estate CEO, investor, developer, asset manager, broker, and syndicator, Dr. Bridy is an excellent communicator, honed by many years in leadership and advisory positions in the commercial real estate industry and as a Marine Corps officer.

Services include consultation, case review, technical investigation, IME’s, research, laboratory work (in-house or otherwise), report preparation, depositions, arbitration, mediation, court appearances, standby, cancellation of court deposition, and travel. 

Areas of Expertise: 

Asset Management Property Management Portfolio Management Commercial Litigation Premises Liabilty Disclosure Fraud

Development and Redevelopment Insurance Realtor Fiduciary Matters Constructive Eviction Lease Disputes Discrimination Entitlements

View Bedrock Consulting Group's Consulting Profile.

E. Robert Miller has over 40 years of service to the real estate profession and has unrivaled expertise in Property Management Techniques. As President of E. Robert Miller & Associates, he provides Expert Witness Consulting and trial work, educational services and business development services. Mr. Miller has served on over 1,300 cases as an Expert Witness or Consultant in the property management field since 1996. He was the 2004 Northern California Expert Witness Association President. Mr. Miller's experience and thoroughness in research, depositions and trial situations makes him your best choice for an expert witness in property management litigation. Expert in the following types of properties:

Apartments, Homes, Shopping Centers, Office Buildings, Mobile Home Parks, Condominium HOAs, Industrial Buildings, Medical-Office Buildings, Single-Tenant Facilities, Gas Stations, Hotels-Motels. 

Areas of Expertise

• Accident or Assault - Safety/Security Conditions
• Improper Eviction
• Unpaid Rent - Habitability Standards
• Contractor Dispute
• Partnership Dispute
• Bankruptcy
• Animal Control
• Security Deposits
• Association Board Responsibilities/Management Duties

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.

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.

George Hedley, owner of Hedley Construction & Development Inc., commercial General Contractor and Owners Representative on over 750 projects totaling $700 million ranging from $100,000 to $10 million each and real estate developer of 30 projects totaling over $200 million.  His experience includes office, retail, manufacturing, industrial, warehouse and residential construction and real estate development throughout Southern California.  He provides personal professional hands-on construction and real estate development expert witness consulting services.

Construction expertise includes: construction industry standard practices, cost estimating, budgets, defects, scheduling, general contract & subcontract issues, delays, project management, field supervision, change orders, disputes, claims, field operations, licenses & site inspections. 

Real estate development expertise includes: developer standard practices, processes, responsibilities, manager & partner issues, project approvals & permits, architect & engineer coordination, documentation and lender requirements.

His experience as the general contractor on over 15,000,000 square feet of commercial projects, real estate project developer on 2,200,000 square feet, past president of 3 construction associations, and well-known national construction industry speaker, allows him to provide detailed expert analysis, convincing presentations and positive results on construction and development issues.  He is a well-recognized construction business expert and published author of books on construction business, cost estimating, field & project management, and construction contracts.  

Cost Estimating, Cost of Replacement, Bidding, Markup, Costs, Overhead, Profit Defect Analysis, Repair Costs, Site Inspections Claims, Disputes, Conflicts, Payment Issues Construction Industry Standard Practices, Responibilities, Requirements, Licenses

Schedule Delays & Claims, Documentation Developer, Owner, Contractor & Subcontractor Responsibilities & Disputes General Contracts, Subcontracts, Change Orders, Documentation, Notices, Approvals Project Management & Field Supervision Standard Construction Practices

Real Estate Expert Witness - Mr. Hedley also offers Real Estate Development and Asset Management expert witness and litigation support services. His areas of expertise include:

• Standard Practices Of Developers, Owners, Partners
• Permits, Entitlements & Processing
• Contractor, Architecture & Engineering Coordination & Responsibility
• Partnership & LLC Disputes
• Financing, Construction Loans & Banking Disputes
• Developer's Liability, Responsibility, Management
• Financial Analysis, Budgets and Proformas

View George Hedley's Consulting Profile.

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.

Qualfied Expert Witness & Consultant in Hotel and Real Estate Industry Business Issues:

• Market, economic & financial feasibility
• Valuation
• Disputes between owner-operator, borrower-lender, franchisor-franchisee
• Management contracts
• Ground & building leases
• Partnership & JV agreements
• Concession contracts
• Development agreements and loan documents
• Expert witness testimony
• Litigation strategy, consultation and support
• Damage calculations
• Lost profits analysis
• Real estate appraisals
• Deal structuring & workouts
• New development
• Strategic planning
• Market demand assessment
• Acquisition due diligence
• Economic, financial & investment analysis
• Can estimate damages and appraise property values under multiple scenarios
• Trained Arbitrator & Mediator

Winner of the Creative Counselor of the Year for appraising the Grand Canyon.

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.

Jeffrey S. Rothbart, JD, LLM, founded Stack Real Estate, LLC (“Stack”) to focus on commercial real equity investments, development, capital markets advisory, and expert witness services. Since its inception, Stack has participated in over $1.5 billion in Commercial Real Estate Transactions.

Mr. Rothbart is experienced in real estate acquisitions, development asset, portfolio management, capital markets, leasing, dispositions, and sustainability. He has been involved in office, residential, retail, industrial, hotel, self-storage, medical, and senior-living operations as an investor, developer, adviser, or expert witness.

In addition to his responsibilities at Stack, Mr. Rothbart is also the Head of Investments for Peer Realty and a Principal at both Birchwood Health Care Properties, LLC and Insignia Homes. In his roles for Stack, Peer, and Birchwood, Mr. Rothbart is currently overseeing the syndication of over $65 million in real estate investments, including two residential subdivision developments, retail centers, and multiple senior living acquisitions and development opportunities. He is also LEED-AP for New Construction (v2.2) and an Adjunct Professor of Law at Chicago-Kent College of Law.

Litigation Support - Prior to forming and participating in several companies, Mr. Rothbart practiced real estate and tax law at a Chicago-based law firm and worked in the legal department of Related Midwest, one of Chicago’s largest multi-family developers. He has been an expert witness in real estate related litigation matters exceeding $300 million and has published over 40 articles on the commercial real estate markets. His services are available to attorneys representing plaintiff and defendant.

Areas of Expertise:

Commercial Real Estate Real Estate Valuation Real Estate Acquisitions Bankruptcy Eminent Domain Real Estate Development / Redevelopment

Landlord / Tenant Disputes Manufactured Homes Mortgages Property Management Real Estate Agency Standards Property Tax Appeal

View Jeffrey Rothbart'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.