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Real Estate Damages and Class Certification

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Alvarez & Marsal’s senior real estate, appraisal and economics experts bring deep experience, education and training in environmental matters. They have also provided affirmative and rebuttal expert witness testimony and consulting expert assistance in single plaintiff, mass tort and class action matters involving alleged air, groundwater, surface water and soil contamination at sites across the United States and other countries.

Our team also has significant experience evaluating class certification in real property damages disputes. We analyze allegedly affected properties to illustrate to the trier of fact various property characteristics, and whether a single model can accurately determine damages on a class-wide basis.

A&M’s experienced professionals advise clients facing a variety of challenges, including those who are:

  • Threatened with litigation or other disputes related to environmental issues
  • Confronted with property value diminution claims from environmental or regulatory conditions
  • In need of market-based analyses related to real or perceived impact of environmental issues
  • Potentially impacted by cost, use and risk effects and quantifying real estate damages or environmental liabilities
  • Faced with potential class certification
  • Analyzing business or personal economic losses related to environmental issues
  • Facing environmental enforcement actions
  • Addressing other environmental or sustainability issues

We provide data-driven solutions and strategic counsel, including:

  • Real estate market research and analysis to evaluate property value diminution claims
  • Valuation, highest and best use studies for actual or allegedly contaminated properties
  • Lender, investor and developer research to evaluate marketability
  • Evaluation of class certification issues, from a real estate perspective (including numerosity, commonality and typicality) and whether a single model can accurately determine damages on a class-wide basis
  • Market analysis and assessment of demographic and economic data to identify control areas or case studies
  • Critique of opposing experts, including source data, damages theory, and damages models
  • Expert testimony and demonstrative exhibits (mediation, arbitration, deposition, trial, etc.)
  • Development and implementation of proactive or reactive real estate dispute solutions such as Value Assurance Programs, Property Purchase Programs, Neighborhood Restoration Programs, or Institutional Control Programs
  • Settlement modeling and court-appointed settlement administration