Real Estate and Construction Expertise

Altstadt Consulting personnel have provided services to governmental agencies, owners, contractors, subcontractors and other interested parties in disputes over commercial and residential development. Typical construction disputes result in damages related to contract termination, delays, disruptions, acceleration or a combination of several problems. We have provided such services as cost evaluation, damage analysis, discovery assistance to counsel, forensic investigations and coordination of other experts such as contractors, engineers, cost evaluators and architects. Additionally, we have prepared reports regarding our valuation of commercial and residential properties.

Selected Testimony

Stanley Bloom v. Huntington Beach Development Agency (Jack Fleming - Arter & Hadden) Mr. Altstadt provided an expert deposition in a AAA arbitration on behalf of the defendant in a breach of contract matter. Analysis included addressing potential costs of development on Huntington Beach pier.

Eiko Uyeda v. KJI, Inc. et al. (Thomas Borchard - Borchard & Baur) Mr. Altstadt testified as an expert witness in Superior Court (Santa Ana, California) on behalf of the plaintiff in a breach of fiduciary duty matter. Analysis included assessing profit from custom home construction.

Prime Time Companies, Inc. v. Arlington Avenue Church of the Nazarene (Steven Fink - Daehnke & Cruz) Mr. Altstadt testified as an expert witness before an AAA arbitrator on behalf of the plaintiff in a breach of contract matter. Analysis included evaluating additional costs from delays and alleged defective construction.

Thomas Tooma v. Charles House, et al. (Ralph Blakeney - Pillsbury Winthrop Shaw Pittman) Mr. Altstadt provided an expert deposition in Superior Court (San Bernardino, California) on behalf of the plaintiff in a breach of fiduciary duty matter. Analysis included evaluating costs of a development in San Bernardino County and allegations of alter ego between partners.

CLP Resources v. ConWest Construction (John Samberg - Bisno, Samberg & Mulvaney) Mr. Altstadt provided an expert deposition in Superior Court (Phoenix, Arizona) on behalf of the plaintiff in a breach of contract matter. Analysis included assessing the rates and charges from an outside source provider to a large Phoenix construction company for various types of skilled workers.

In Re: IRMO Feldman (Various) Mr. Altstadt acted as the court appointed third party appraiser in a family law matter in San Diego County. The project included the valuation of several real estate properties including commercial office buildings, raw land, residential properties, a marina and a golf course. Mr. Altstadt provided testimony in San Diego Family Court.

George Seldin v. IMS Leasing, Inc., et al. (Scott Heil – Redwine & Sherrill) Mr. Altstadt provided an expert deposition in an arbitration on behalf of the defendant in a breach of contract matter involving costs related to mold remediation.

ECCO Equipment Corp. v. Central Valley Construction, Inc. (Jack Fleming – Musick, Peeler & Garrett) Mr. Altstadt provided a Rule 26 expert report in United States District Court (Los Angeles) on behalf of the cross-complainants in a breach of contract matter. Analysis included amounts owed under a subcontract and assessment of commingling of funds and alter ego issues.

David Jackson v. Trans Union Company (Donald Bradley – Musick, Peeler & Garrett) Mr. Altstadt provided a Rule 26 expert report in United States District Court (Oregon) on behalf of the defendant in a breach of contract case involving loss of a line of credit by a commercial tile supplier.

Pacific National Development v. Brakke-Shafnitz (Michael Williams - Connor Fletcher & Williams) Mr. Altstadt represented the plaintiff in a breach of contract matter involving failure to pay on a business interruption insurance claim related to a company that coordinated tax credit low income housing developments.

In Re: Carl Burger Estate (Charles Harris - Harris & Collins) Mr. Altstadt provided a written report of the valuation of the underlying property of the Chrysler Jeep and Dodge franchises in La Mesa, California for estate tax purposes.

Powerhouse Motorsports v. Yamaha Motor Corporation (Maurice Sanchez - Baker Hostetler) Mr. Altstadt testified in Superior Court (Paso Robles, California) for the defendant in a breach of contract matter. Testimony was related to the purchase, financing and ultimate marketing of a commercial property in Paso Robles, CA.

Todd Construction Services, Inc. v. Bake R Us (Richard Soll - Mahoney & Soll) Mr. Altstadt provided an expert deposition in a Superior Court action (Los Angeles) for the defendant in a breach of contract matter related to damages suffered from alleged construction defects.

Ocean Mission Park v. Taheripour, et al. (Matthew Rips - Russ, August & Kabat) Mr. Altstadt testified in Superior Court (Los Angeles) on behalf of the plaintiff in a breach of contract matter. Analysis included the assessment of the financial and operational history several companies and the affects of the operations of these companies on the sales price of underlying real estate.

In Re: Athena Investment Group (Roger Hsu - Law Offices of Roger Hsu) Mr. Altstadt provided a valuation of a commercial property in Irvine, CA for shareholder sale purposes. A written report was published.

Salhotra v. Shah (Jess Bressi - McKenna Long & Aldridge) Mr. Altstadt testified in a JAMS arbitration in a breach of contract matter. Services included a complete accounting of construction costs of a $10 million retail commercial property in Yucca Valley, CA.

In Re: Hardin Automotive Group (Thomas Ferruzzo - Ferruzzo & Ferruzzo) Mr. Altstadt provided a written report of the valuation of two real estate holding companies holding property in franchises in Anaheim, Huntington Beach and Irvine, CA for corporate reorganization purposes.

Keenan, et al. v. Souza, et al. (Paul Mahoney - Mahoney & Soll) Mr. Altstadt testified in Superior Court (Los Angeles) on behalf of the plaintiffs in a breach of fiduciary duty matter. Analysis included the assessment of the financial disclosures provided by the defendants in a real estate development in Hemet, CA.

Jeffrey Evans v. Martin Project Management (Veronica Gray - Nossaman) Mr. Altstadt testified in AAA arbitration on behalf of the plaintiff in a breach of contract matter. Analysis included the assessment of the financial condition of the defendant company.

Tutor Perini Corporation v. Elizabeth Lucido (Jeff Shields - Shields Law Offices) Mr. Altstadt testified in a breach of contract matter on behalf of the defendant in a JAMS arbitration action. Services included assessing damages from an earn-out regarding the sale of a construction company.

Anne Cox, Trustee of the Anne Cox Trust v. John E. Cox (Todd Green - Green LLP) Mr. Altstadt provided an expert deposition on behalf of the defendant in a breach of fiduciary duty matter in Superior Court (Orange County). Services included analyzing claims of improper amounts paid to defendants while operating several apartment buildings.

Brion v. Lieberman (Ralph Blakeney - Gordee Nowicki & Blakeney) Mr. Altstadt provided an expert deposition on behalf of the plaintiff in a breach on contract matter in Superior Court (Orange County). Services included evaluating amounts due between the parties related to investments in two condominiums.

Selected Consulting Engagements

In Re: State of Arizona (Arizona State Attorney General's Office) Mr. Altstadt led the project to analyze cost overruns at the development of the first nuclear waste facility in the State of Arizona.

McDowell v. Lemont Financial (Tom Newmeyer - Newmeyer & Dillion) Mr. Altstadt critiqued the cost claim of a grading contractor related to a single family residential development in San Diego County.

MacPherson Properties v. Rang's Automotive (Jim Ferruzzo - Ferruzzo & Ferruzzo) Mr. Altstadt quantified the cost overruns from defective work at construction of an automobile dealership.

M.J. Brock & Sons v. J.P. Rhodes Development(Andra Greene - Irell & Manella) Mr. Altstadt quantified the lost value of a residential housing development due to the inability to build because of soil conditions.

Geoff Fearns v. Baldwin Builders(Ralph Blakeney - Pillsbury Madison & Sutro) Mr. Altstadt quantified the damages suffered by one of three executives of Baldwin Builders from the loss of compensation resulting from profits of three large residential projects.

Urbatech Development v. the City of Whittier Redevelopment Agency(John Condas - Jackson DeMarco) Mr. Altstadt quantified the damages suffered by a contractor resulting in changes in the tax laws by the city.

California Pizza Kitchen v. R.D. Olson & Co. (Gibson, Dunn & Crutcher) Mr. Altstadt analyzed the owner's allegations of improper allocation of costs by the developer to the construction of over 30 restaurants.

In Re: Solemint Heights (Paul, Hastings, Janofsky & Walker) Mr. Altstadt evaluated the financial, economic and market assumptions made by the debtor in bankruptcy related to an apartment complex in Santa Clarita, California.

Kajima Engineering v. Various Defendants (Randall Erikson - Crowell & Moring) Mr. Altstadt analyzed the costs charged to the project to retrofit several prisons in California.

Garcia Masonry v. Kajima Engineering (Randall Erickson - Crowell & Moring) Mr. Altstadt analyzed and critiqued the damage claims of a subcontractor against the general contractor in a prison retrofit.

Viera, et al. v. Ward, et al. (Theodore Wallace - Rutan & Tucker) Mr. Altstadt analyzed the financial accounting, rehabilitation costs and operations of two Orange County apartment complexes on behalf of the defendant in a breach of fiduciary duty matter. An expert report was provided.

In Re: Ted Shelton & Associates LLC (William H. Brownstein – Brownstein & Associates) Mr. Altstadt analyzed loan balances and interest reserves on a promissory note for a commercial property owner in bankruptcy.

Nevada Atlantic Corporation v. WREC Lido Venture (Todd Green - Green LLP) Mr. Altstadt analyzed the causation and damage issues of a restaurant owner in a breach of written lease agreement.

Armen Melkonians v. Porsche Financial Services (Kevin Colton - Baker Hostetler) Mr. Altstadt provided consulting services to the defendant in a Superior Court (Los Angeles) action in a business interference matter. Services included analyzing construction costs and evaluating the sales market of a $5 million home in Bel Air, CA.

Mills v. Reeves (Eoin Kreditor - Friedman, Stroffe & Gerard) Mr. Altstadt provided consulting services to the defendant in a Superior Court (Santa Ana) action in a breach of contract matter. Services included a complete accounting of construction costs and evaluating the sales market and ultimate sales price of a $8 million spec home in Shady Canyon, CA.

Amerivest Equities v. Ticor Title Company, et al. (Eoin Kreditor - Friedman, Stroffe & Gerard) Mr. Altstadt provided consulting services to the plaintiff in a Superior Court (Santa Ana) action in a breach of contract matter. Services included evaluating the sales market and ultimate degradation of the sales price of a duplex project in Corona Del Mar, CA.

ICON Residential Lenders v. Real Estate Mortgage Network (Greg Labate - Sheppard Mullin Richter & Hampton) Mr. Altstadt provided consulting services to the plaintiff in a Superior Court (Santa Ana) action in a breach of contract matter. Services included quantifying the damages suffered from lost mortgage banking business related to the wholesale taking of plaintiff's employees.

National Retail Properties v. Aminpour (Eric Arevalo - Schumann & Rosenberg) Mr. Altstadt provided consulting services to the plaintiff in a Superior Court (Los Angeles) action in a breach of contract matter. Services included evaluating financial issues related to twelve car wash properties.

Pamela Ragland v. U.S. Bank, N.A. (Isaiah Weedn - Sheppard Mullin Richter & Hampton) Mr. Altstadt provided consulting services to the defendant in a Superior Court (Orange County) action in a breach of contract matter. Services included evaluating residential real estate values and performing loan amortization calculations.

Wetzel & Associates v. Western Express, Inc. (Sean O'Connor - Sheppard Mullin Richter & Hampton) Mr. Altstadt provided consulting services to the plaintiff in a Superior Court (San Bernardino) action in a breach of lease matter. Services included analyzing the profitability of the tenant related to a trucking facility in Fontana, CA.

Ronald Peterson, Chapter 7 Trustee v. Imhoff, et al. (Don Hamman - Stuart Kane) Mr. Altstadt provided consulting services to the defendant in a United States District Court (New Jersey) breach of guaranty agreement matter. Services included a complete accounting of $3 million in maintenance payments related to a residential/golf course development in Colorado.

Mission Viejo Florist v. Orchard Supply Hardware (James Stroffe - Friedman Stroffe & Gerard) Mr. Altstadt provided consulting services to the plaintiff in a breach of lease matter. Services included evaluating lost sales and profits due to infringing sales by defendant.