The complexity and size of today's real estate markets for investment, finance, development and operation means that disputes will inevitably arise. The Real Estate Solutions team within FTI Consulting provides clients with valuable insight and clarity, assisting with every phase of the dispute resolution process – starting from early case assessment, pre-litigation strategy and discovery to litigation/mediation consulting, expert testimony and trial. With proven financial, economic and industry expertise, FTI Consulting helps clients unravel challenging business issues and resolve disputes in a cost-effective and expedient manner.

Why FTI Consulting

Experienced Professional

With deep and wide-ranging knowledge of real estate and real estate finance, our team is comprised of highly credentialed and experienced professionals. Our expertise includes real estate operations, valuation, real estate lending and investing, economics, accounting, structured finance, tax, construction and engineering and project management.

Our Dispute and Litigation Advisory team has a successful track record of assisting clients in every phase of the dispute resolution process. Our clients benefit from the value we bring through:

Top-Notch Expertise

  • Early case assessment, risk analysis and pre-litigation strategy
  • Expert testimony in federal and state courts and domestic and international arbitration
  • Persuasive, seasoned and credible expert witnesses
  • Litigation consulting expertise and support, including evaluating the client's experts and opposing experts
  • Sophisticated technology to aid investigations and e-discovery
  • Comprehensive trial services, graphics and courtroom technology support

Clients Often Seek Our Dispute and Litigation Advisory Team For Disputes Involving:

  • Commercial Real Estate
  • Hotels, Resorts and Casinos
  • Single-Family Rental
  • Senior, Student and Military Housing
  • Hospitals and Healthcare Facilities
  • Homebuilding
  • Land Development
  • Timeshare and Other Fractional Ownership
  • Real Estate Lending and Servicing
  • Real Estate Operating Companies
  • Whole Loans, CMBS, RMBS, CDOs and CLOs

Representative Engagements

Solvency Analysis and Fraudulent Transfer
In multiple cases, provided expert witness reports in connection with avoidance actions, including for a celebrity chef-branded restaurant chain and a 3,592-acre master-planned residential and resort community near Las Vegas. Opined on solvency as of the transaction date, reasonableness of the contemporaneous cash flow projections, the equivalent value and the causes of subsequent insolvency.

Hotel Management and License Agreement Termination/Operational Issues
Represented defendant developer of a portfolio of hotels in China in connection with the early termination of multiple management and license agreements; Provided testimony in numerous disputes concerning operational issues in lodging, gaming and fractional ownership.

Reorganization Plan Feasibility
In numerous cases involving different asset classes and on behalf of borrowers, senior lenders and unsecured creditors, provided expert witness testimony in connection with Chapter 11 plan confirmation hearings regarding feasibility of the proposed reorganization plans and the appropriate post-confirmation interest rate.

Loan Underwriting and Origination
In several cases, provided expert witness testimony for plaintiffs and defendants on matters related to CMBS and RMBS loan underwriting and origination practices, as well as potential breaches of issuers' representations and warranties. For RMBS "put-back" litigation involving over 2,240 loans, estimated potential damages on behalf of the defendant.

Damages Expert/Partnership Dispute
Provided expert witness testimony related to damages and missed development opportunity in international arbitration proceedings involving a partnership dispute regarding capital contribution in connection with a major luxury fractional ownership/hotel resort development in Mexico.

Valuation and Tax Consulting
In an attempt to avoid litigation between business partners, provided valuation and tax consulting services to facilitate a fair separation of a portfolio of 45 real estate assets in multiple asset classes.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.