Ross Mallioux Banking Expert Witness

Construction lending disputes may involve issues arising from the administration and monitoring of construction loan facilities. These matters may include questions regarding disbursement controls, inspection practices, change orders, budget management, and compliance with loan agreements. Analysis in construction lending matters typically considers whether institutional practices aligned with governing agreements, internal policies, and customary banking standards applicable to construction finance.

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Construction loan expertise and areas of review may include:

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• Construction loan underwriting standards

• Loan-to-cost (LTC) and loan-to-value (LTV) analysis

• Builder financial review and guarantor support

• Interest reserve structuring and administration

• Draw inspection and disbursement controls

• Lien waiver and title update procedures

• Cost overrun management

• Covenant tracking and risk rating practices

• Construction loan default and foreclosure procedures​

• Alleged negligent construction underwriting

• Improper draw disbursements

• Failure to monitor project progress

• Interest reserve mismanagement

• Collateral impairment claims

• Builder default disputes

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The information provided above is intended to describe general representative and non-exhaustive information and categories of disputes and analytical considerations. Any expert opinions, conclusions, or testimony are formed solely within the context of a specific engagement and based on the facts, materials, and issues presented. The scope of any engagement is determined in consultation with retaining counsel and may vary depending on the procedural posture and jurisdiction of the matter. This page is intended for attorneys, institutions, and parties seeking independent analysis of banking operations and industry practices in litigation matters.