Home Builder Disputes Real Estate Witness

Mr. Ryan has been employed as a corporate officer for both privately-held and publicly-held homebuilding companies during his career.  He has also built homes as President of CastleLyons Corporation.  Mr. Ryan is a seasoned homebuilder with a proven track-record, having built and sold well over 1,000 homes.

The homebuilding business is a high risk endeavor, given the uncertainties associated with (i) the national economy, (ii) the strength of the local market, (iii) the entitlement risks, (iv) the environmental concerns, (v) the land development risks and (vi) the state of the financing environment.  In building homes, Mr. Ryan has had to successfully deal with each of these concerns.  This experience has proven to be a valuable tool in his courtroom expert witness testimony.

Homebuilder disputes for both privately and publicly-held builders, tend to center around the following areas (i) equity partner disputes, (ii) IRR participation thresholds, (iii) improper builder conduct when compared to Industry customs and practices, (iv) land development issues, (v) marketing issues, (vi) negligent land acquisition due diligence investigation by the builder, (vii) lost profits due to builder misconduct, (viii) lack of compliance with builder fiduciary duties, (ix) violation of articles set forth in the LLC Operating Agreement, the joint venture agreement or the partnership agreement, (x) HOA lawsuits, (xi) house warranty issues, (xii) violation of banking loan covenants and (xiii) overrun cost variances from approved Business Plans.

Mr. Ryan has also testified in court as a real estate expert witness on the use of “Off-Balance Sheet” (“OBS”) financing programs which publicly-held homebuilders often employ.  When either party (the builder or the land banker) to an OBS financing transactions does not comply with the terms and conditions of the financing documents — litigation is typically filed immediately.  OBS programs usually involve very large financing commitments by the land banker and a similar commitment by the builder to deliver a completed subdivision ready for house construction whether or not the builder exercises his option to purchase the subject lots.

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