Real Estate: Property Management Expert Witnesses

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.

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.

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.

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. 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

Jack G. Cohen has been involved in the Private Money Lending and  Real Estate Industry for over 30 years. He is currently the managing member and director of a private money real estate lending, real estate development, and investment property management company. He is also the San Fernando Realty Real Estate Investment director of the California Bureau of Real Estate. 

Mr. Cohen has experience with commercial, residential, and retail real estate, and construction lending.

Litigation Support: Mr. Cohen has been retained as an expert witness in Real Estate related cases over 50 times since 1990. He represents both Plaintiff and Defense and is experienced with complex cases. His services include thorough reporting, depositions, and trial testimony as needed.

Areas of Expertise:

Private Money Lending Credit File and Qualifications  Appraisals Evictions Foreclosures Industry Standards Title Reports Property Management

Tenant and Landlord Issues Brokers and Investor Relation Finance and Documentation Sales and Leasing Insurance Claims Loan Servicing Escrow

Hon. Judge Steven Cohen, (Retired), JD, MBA, is a qualified Expert and Consultant with over 30 years experience in Construction Defects and Real Estate Standards of Care and Duty, Property Management, Property Inspection, Agents disclosure, Broker's disclosure, and Negligent and Intentional Conduct. 

Extensive experience in habitability, Civil Code 1941, Health and Safety Code §17920.3, transfer disclosure and all transactional requirements in the sale of property. Expert in construction arena in water penetration, roof defects, home inspection, structural defects, framing defects, electrical & mechanical problems, stucco, foundation and structural slabs, construction schedules and all mold related problems. 

Litigation consulting includes Case Risk Analysis and Assessment (is a case ripe for litigation?), Research and Litigation Support, Homeowner Associations HOA, Building Codes, Department of Real Estate Rules, Codes and Laws, Contractor's State Licensing Board Rules and Regulations, Uniform Building Code (UBC) compliance, Building and Safety. Expert in Mechanical, Electrical, Water Entry, Toxic Mold, Mildew and Sick Building Syndrome. American Arbitration Association (AAA) Arbitrator. Arbitrator and Mediator for State and Federal Cases. 

Alternative Dispute Resolution (ADR) Practitioner. Graduate Level Certificate in Dispute Resolution (Mediation, Arbitration and Negotiation) from Pepperdine University School of Law. Licensed to practice law in California and Federal Court-Central District. Retired Administrative Law Judge, Inglewood Office of Appeals. Education/Licenses: Administrative Law Judge (Ret.), Attorney, M.B.A., Certified Property Mold Specialist (C.M.I. & C.M.R. Designation), RE Broker (Realtor), General Contractor (B1), Electrical Contractor (C10), Certified Mediator, AAA Arbitrator and Mediator, FINRA Arbitrator, Western Case District. Primary 

Area of Expertise: Real Estate, Construction Defects, Case Risk Assessment.

PROPERTY MANAGEMENT EXPERT

Depositions: 800+

Mediations & Arbitrations: 100+

Trial Testimony: 80 in 30 Superior Courts

More than 10,000 properties inspected.

RETAINED BY 400 LAW FIRMS IN 28 STATES

California, Florida, Texas, New Jersey, Massachusetts, Ohio

Nevada, Arizona, Washington, South Carolina, North Carolina, Iowa

Hawaii, Idaho, Alabama, Colorado, Pennsylvania, Oklahoma

Montana, Tennessee, Mississippi, Missouri, North Dakota, Washington D.C.

AREAS OF EXPERTISE

Standard of Care; Custom and Practice

Building & Safety Codes

Fair Housing Practices (FEHA)

Personal Injury (Slip, Trip & Fall)

Premises Liability

Landlord/Tenant

PROPERTY TYPES

Multi-family Units Managed: 25,000

Association, Hospitality, & Timeshare Units Managed: 100,000

Associations Managed: 1,000

Commercial Properties Managed: 1,250,000 sq.'

Mobile Home & RV Spaces Managed: 3,800

Single Family Units Managed: 3,500

Commercial Property Inspections Performed: 900

Association Property Inspections Performed: 3,600

Parking lots and Parking Structures: Personal Injury; Snow & Ice

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