VERTEX provided expert witness and dispute resolution for a very interesting case in the Los Angeles area for Attorney Chris Frost, who, along with his fellow litigation partners at Eisner Jaffe, was representing a group of investors in a dispute with the builder of seven speculative homes, valued at $4-8 million dollars each, in the Hollywood Hills.
Frost, who has successfully prosecuted and defended scores of construction, real estate and general commercial litigation matters, has worked with our economic expert, Alan Nevin, in the past and considers him his “go-to guy” for market expertise. This time, Nevin helped determine what the homes in the case would have sold for if they would have been completed in a timely manner.
He also recommended that Frost bring in Construction Expert, Ted Bumgardner for additional insight.
Frost knew the name; he had first encountered Bumgardner several years previously, while deposing him as opposing counsel and he was impressed.
Working with Frost on the new case, Bumgardner made a critical discovery: The builder was not properly licensed and therefore had no right to collection.
“Our litigation team at Eisner Jaffe, under the leadership of founding partner Michael Eisner and department chair Jim Turken, has an established, successful track record in, among other areas, real estate, construction and commercial litigation. We immediately knew that Bumgardner’s insight presented us with a tremendous amount of leverage that we didn’t have before,” said Frost. “It became the crux of the main argument we raised and gave us a significant advantage.”
In the end, a summary judgment ruling was made in favor of Frost’s clients on statute of limitations grounds. But, Frost called Bumgardner’s discovery of the licensure issue “profoundly helpful” and he has no doubt that his testimony would have been all they needed to win the case.
Frost tells us he now has two “go-to guys” for construction claims and market research expertise.
“I would not hesitate to call on Ted and Alan again,” said Frost. “Their level of expertise, communication, knowledge and effectiveness is simply unparalleled.”
Attorney: Christopher Frost, Partner, Eisner Jaffe, Beverly Hills, CA
Experts: Ted Bumgardner and Alan Nevin
This project was completed by Xpera Group, which is now part of The Vertex Companies, Inc.