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Litigation Support

Econsult Solutions Inc. provides high quality economic research and statistical analysis in support of litigation.

We understand that hiring experts with the resources and experience to answer complicated economic questions is critical to your success when faced with extended, comprehensive inquiries.  Our experts include PhD economists, university instructors, former high-level government officials, highly skilled researchers, analysts, and modelers.  Our experience and academic credentials in real estate, transportation, policy, and general economics make us ideally suited for:

Reports and White Papers – Many times your clients need analyses to help make business decisions or to help educate a skeptical public or governmental agency.  We prepare objective, thorough, defensible reports based on high-level economic and statistical analysis, including:

  •  Economic and fiscal impact studies;
  •  Financial feasibility analyses;
  •  Due diligence reports; and
  • Market studies.

Expert Testimony – We provide services, including expert reports, depositions and trial testimony, in a wide variety of disputes, including:

  • Commercial damages;
  • Real estate damage calculations;
  • Valuation;
  • Interest rate determination;
  • Bankruptcy proceedings; and
  • Business interruption claims.

Sample cases include:

  • Calculated damages from delay in the sales of a large luxury condominium development in New York.  The analysis calculated how much the delay slowed the rate of closings and impacted the price at which the condominiums sold because the delay pushed sales into a down market.
  • Determined the appropriate cram down interest rate in a bankruptcy proceeding.  The case involved a bank foreclosure on a golf course that was in Chapter 11 proceedings.  The calculation of the interest rate looked at risk factors appropriate to the course and its particular situation.
  • Calculated the value of an easement in a property taking case.  The easement was leased to a billboard company, and the billboard was removed as part of a road widening project.  The analysis included identifying future lease payments and determining the appropriate discount rate to calculate the present value of the lease payments.
  • Calculated the fiscal impact of a tax credit to a developer on a municipality.  The analysis reviewed the methods, inputs and assumptions of a fiscal impact model.  The proffered model claimed more than $200 million in fiscal benefits over 20 years, whereas with the more appropriate assumptions and methods, the impact model should have shown fewer than $80 million of impact.
  • Analyzed the potential profitability of a real estate development in the eastern suburbs of Kansas City.  The analysis examined the potential sale price and sales pace of building lots during the 2008-2011 period, focusing on whether lots would sell according to plaintiff’s damage analyses.  The investigation used sales data for all developments within the submarket to calculate a sales pace and price.  The case settled, and our report was cited as the major reason for moving the two sides together.  (Kansas City, KS)
  • Analyzed the potential profitability of a real estate development in the eastern suburbs of Kansas City.  The analysis examined the potential sale price and sales pace of residential and commercial building lots during the 2008-2013 period. (Kansas City, KS)
  • Calculated the profitability of commercial real estate development along the Philadelphia waterfront in the absence of tax incentives.  The analysis required the order of estimation of construction costs, financing costs, and potential rents.
  • Assessed the ability of a private, for-profit, golf course to continue operations as a golf course by forecasting club profit and loss based on industry growth forecasts and financing commitments made by the owners of the course.  The assessment included analysis of potential alternative uses for the golf course, including the addition of housing to the course and the conversion of the facility, in whole or in part, into non-golf course uses.  Finally, I compared the suitability of the golf course site with another site for the potential to provide affordable housing.
  • Calculated the impact of a municipal regulation severely restricting the sale of cigars in packages of fewer than five cigars.  The analysis used industry data on shipments of cigar packages to all types of stores and scanner data on sales at retail stores to quantify the number of cigars sold in the jurisdiction, broken down by package size and by sales channel, as well as to estimate the total expenditures on cigars.  The analysis estimated the change in the number of cigars that would be sold as a result of the regulation, as well as the impact of the regulation on other jurisdictions.
  • Calculated the value of a ground lease to the owners of an undeveloped restaurant pad.  The pad had been leased but not developed, and the restaurant chain that had leased the pad sought to escape the lease by paying the fair value of the remaining lease payments to the landlord.  Though there were still more than 15 years on the lease, the pad had significant value as a development site that could be realized if the lease were terminated.  Our analysis included evaluating the price and timing of releasing opportunities, using Monte Carlo simulation to address uncertainty, and applying appropriate discount rates to the future cash flows.