The San Diego Real Estate Tribune
Serving San Diego Commercial Real Estate Since 1981
Kidder Mathews Pays $1 Million To Settle City Conflict-of-Interest Lawsuit
Broker Jim Neil purchased stock in hotel counterparty while advising Housing Commission on $67M deal; overcharged commissions by more than $600,000 above contractual caps — settlement includes 2-year ban from city business
City Sues Its Own Broker
Commercial real estate firm Kidder Mathews and one of its top San Diego brokers, Jim Neil, have agreed to pay $1,000,000 to settle a lawsuit brought by the San Diego Housing Commission and the City of San Diego, officials announced Tuesday morning at a press conference at City Hall.

The lawsuit, filed in August 2021 in San Diego Superior Court, alleged that Neil purchased 40,000 shares of Chatham Lodging Trust — the counterparty seller in a $67.2 million hotel acquisition he was hired to advise on — before the deal closed, without disclosing the investment to his client, the Housing Commission.

"The conduct described in this lawsuit represents a fundamental betrayal of fiduciary duty," said a city spokesperson. "Our clients trusted this firm to act in their interest. Instead, their broker was acting in his own."
"A fundamental betrayal of fiduciary duty." — City spokesperson
Under the settlement, $845,000 will be paid to the Housing Commission and $155,000 to the City of San Diego general fund. Neither Kidder Mathews nor Neil admitted wrongdoing as part of the settlement.
Commissions Doubled the Cap
Beyond the undisclosed stock purchase, the lawsuit alleged that Neil charged commissions that vastly exceeded the contractual ceiling of $250,000.

On the Kearny Mesa hotel acquisition, Neil is alleged to have collected $592,500 in commissions — more than double the $250,000 cap. On the Mission Valley Residence Inn transaction, the commissions reached $502,500 — again more than double the agreed limit.

Both deals were part of the city's Operation Shelter to Home program, which sought to convert hotels into permanent supportive housing for homeless residents using a combination of city, county, state, and federal pandemic relief funds.

The total commission overcharge across both transactions exceeded $600,000, according to the city's original complaint.
Settlement Terms
Total payment: $1,000,000
$845,000 → Housing Commission
$155,000 → City of San Diego
Jim Neil: Permanently disbarred from city business
Kidder Mathews: 2-year ban from city contracts
Industry Response
The settlement drew sharp reactions from commercial real estate professionals across San Diego County, many of whom described the alleged conduct as a textbook violation of the fiduciary duties owed to clients by property advisors.

"This is precisely the kind of conduct that erodes trust in the entire industry," said one San Diego commercial real estate attorney who asked not to be named. "You cannot advise a client on a transaction while secretly benefiting from the other side of that transaction. That is not a gray area."

Jim Neil, who had been a prominent figure in San Diego commercial real estate for more than two decades, faces permanent disbarment from all future San Diego city business under the terms of the agreement.

Kidder Mathews, described as the largest fully independent commercial real estate firm in the Western United States with over 900 professionals, has not publicly addressed whether internal controls have been changed following the settlement.
Kidder Mathews has not addressed whether internal controls have changed.
Industry observers note that questions remain about supervision and compliance culture at the firm's San Diego operations.
⚠ NOT KIDDER MATHEWS' OFFICIAL WEBSITE — Independent Creditor Complaint · First Amendment Protected
San Diego · Commercial Real Estate · Public Record

Kidder Mathews
has a pattern.
We're the proof.

Kidder Mathews paid $1,000,000 in 2022 to settle a City of San Diego conflict-of-interest lawsuit. Now a $142,275 mechanic's lien is recorded against their client's property — because they failed to require a single lien release from their preferred general contractor.

Mechanic's Lien — Recorded March 6, 2026
$142,275
16868 Via Del Campo Ct, San Diego, CA 92127
Prior KM Settlement
$1M
City of San Diego · 2022
Lien Releases Required
Zero
Despite receiving Prelim. Notice
⚠ Active
Lien recorded March 6, 2026 · Perfects March 13, 2026 · Property: 16868 Via Del Campo Ct, San Diego · APN 678-271-15-00
$142K
Lien on Client Property
$1M
KM Conflict Settlement — 2022
0
Lien Releases Required by KM
2yr
City Business Ban — Jim Neil
2023
KM + RSI BOMA Co-Presentation
1.0★
RSI Glassdoor Rating
Documented Public Record
This has happened before.
Same firm. Same city. Same pattern.
The following are settled court matters and confirmed public record — sourced from KPBS, the Times of San Diego, UniCourt, and San Diego Superior Court filings.
San Diego Housing Commission v. Neil & Kidder Mathews
San Diego Superior Court · Filed August 3, 2021 · Settled August 2022 · Sources: KPBS, Times of San Diego, UniCourt
Settled · $1,000,000

Kidder Mathews broker Jim Neil was engaged by the San Diego Housing Commission to advise on hotel acquisitions intended as permanent homeless housing — two transactions totaling more than $67 million in public funds. While advising the city, Neil secretly purchased 40,000 shares of Chatham Lodging Trust, the counterparty selling the Mission Valley hotel, before the deal closed. He did not disclose this investment to his client.

Neil also charged commissions that exceeded the contractual cap of $250,000 by more than 100% on both transactions: $592,500 on the Kearny Mesa deal and $502,500 on the Mission Valley deal. The combined overcharge exceeded $600,000.

Kidder Mathews and Neil settled for $1,000,000. Neil was permanently disbarred from San Diego city business. Kidder Mathews accepted a 2-year ban from city contracts. No admission of wrongdoing.

The pattern: A KM representative had an undisclosed relationship with a counterparty. Used their advisory position to benefit that party at the client's expense. The client suffered financial harm. Kidder Mathews paid $1 million. This is the same pattern alleged in the Via Del Campo matter.

Settlement
$1,000,000
Neil Penalty
Permanently Disbarred
KM Penalty
2-Year City Ban
Court
SD Superior Court
Sources
KPBS · Times of San Diego
The RSI Roofing Relationship: Not Arms-Length
Alleged in S&W's formal demand letter, March 9, 2026 · KM + RSI co-presentation: BOMA San Diego 2023 (public record)
Non-Arms-Length

In 2023, Kidder Mathews Asset Services (Barbara Putis) and RSI Roofing COO Melanie Bamba Milinkevich co-presented at the BOMA San Diego Women in Construction Week luncheon. This is a documented, public professional relationship between the KM division managing Via Del Campo and RSI Roofing's senior leadership — the same contractor selected for the project.

Additionally, S&W's March 9, 2026 demand letter alleges that approximately three years ago, RSI Roofing used Kidder Mathews' conference room to conduct the termination of their own business partner Jess David Susi. Normal contractors do not terminate their own business partners in their property manager's boardroom. This is not an arms-length relationship.

A fiduciary property manager must disclose material relationships with contractors they recommend to their clients. There is no public record that Kidder Mathews disclosed its relationship with RSI Roofing to the property owner.

RSI Roofing — Wage & Hour Class Action (Active)
San Diego Superior Court · Case No. 37-2023-00012112-CU-OE-CTL · Filed March 23, 2023
Pending Settlement Approval

RSI Roofing — the general contractor Kidder Mathews selected — has had a pending wage and hour class action for California labor code violations since March 2023. Glassdoor rating: 1.0 out of 5 stars. This litigation was publicly available and searchable before the Via Del Campo contract was awarded. Basic contractor due diligence would have found it.

Standard of Care
What any competent property manager does.
What Kidder Mathews did.
Industry Standard Practice
  • Conduct competitive bidding — minimum 3 independent bids
  • Disclose any pre-existing professional relationship with bidders
  • Require conditional lien releases before each progress payment
  • Require unconditional releases from prior cycle before next payment
  • Verify subcontractors are paid throughout the project
  • Use joint check arrangements when red flags appear
  • Check GC's litigation history before engagement
What Kidder Mathews Did — Via Del Campo
  • No public record of competitive bidding found
  • Did not disclose documented BOMA professional relationship with RSI
  • Did not require a single lien release from RSI Roofing
  • Did not verify subcontractors were paid before releasing funds
  • RSI collected payments; subcontractor went unpaid $142,275
  • RSI had active wage class action since 2023 — not flagged
  • $142,275 mechanic's lien now clouds their client's title
California Civil Code § 8202 — What Kidder Mathews Was Required to Know
"You can protect yourself from paying twice by requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor."
This statutory language appears on every California Preliminary Notice — including S&W's, filed February 4, 2026. Kidder Mathews received formal notice of S&W's lien rights and still did not require releases from RSI Roofing.
Key People
The individuals behind these decisions.

All from public professional profiles, DRE records, and court filings.

JN
Jim Neil
Former Broker — Kidder Mathews SD
Advised the Housing Commission on $67M+ public acquisitions while secretly holding stock in the counterparty. Overcharged commissions 100%+ above contractual cap. Named defendant in the 2021 lawsuit. KM paid $1M. He is permanently disbarred from city business.
⚠ Permanently disbarred from San Diego city business
BP
Barbara Putis
Asset Services — Kidder Mathews SD
KM Asset Services professional who co-presented with RSI Roofing COO Melanie Bamba Milinkevich at the 2023 BOMA San Diego Women in Construction Week luncheon. The same KM Asset Services division that managed Via Del Campo. Documented professional relationship between KM Asset Services and RSI leadership.
Documented: BOMA SD co-presentation, 2023
MM
Melanie Bamba Milinkevich
COO & Co-Owner — RSI Roofing
Co-owner of RSI Roofing. BOMA San Diego President through 2024. Co-presented with Kidder Mathews Asset Services at BOMA SD 2023, establishing the documented professional overlap between RSI leadership and the KM division managing Via Del Campo.
BOMA SD President through 2024 · RSI approaching insolvency
Timeline
From the settlement
to the recorded lien.
August 2021
City of San Diego Sues Kidder Mathews — Conflict of Interest
Housing Commission sues KM and Jim Neil for undisclosed conflict of interest on $67M+ hotel acquisitions. Neil purchased counterparty stock without disclosure. Commissions exceeded cap by 100%+ on both deals.
August 2022
Kidder Mathews Pays $1,000,000 to Settle
$845K to Housing Commission, $155K to City. Jim Neil permanently disbarred from city business. KM accepts 2-year ban. Settlement establishes documented record of KM's pattern of undisclosed conflicts of interest.
March 2023
RSI Roofing Wage & Hour Class Action Filed
Ocegueda v. RSI Roofing, SD Superior Court No. 37-2023-00012112. Labor code violations. Publicly indexed — available to any property manager conducting basic contractor due diligence.
2023
Kidder Mathews Asset Services + RSI Roofing Co-Present at BOMA San Diego
Barbara Putis (KM Asset Services) and Melanie Bamba Milinkevich (RSI COO) co-present at BOMA SD Women in Construction Week luncheon. Documented public professional relationship between the KM division managing Via Del Campo and RSI's senior leadership.
Late 2025
RSI Roofing Selected for Via Del Campo — No Competitive Bid Evidence
Under KM oversight, RSI awarded $142K+ roofing contract at 16868 Via Del Campo Court, managed by KM for the building owner. S&W Roof Tear Off Corp engaged by RSI as subcontractor.
February 4, 2026
S&W Files Preliminary Notice — KM Formally Notified of Lien Rights
Preliminary Notice per CA Civil Code §8200 filed. Kidder Mathews formally notified of S&W's lien rights. KM does not subsequently require lien releases from RSI before approving payments.
February 2026
Work Completed — RSI Fails to Pay
S&W completes 100% of contracted work. RSI accepts. RSI fails to pay $142,275 across 7 invoices. RSI has since reportedly closed its doors and is approaching insolvency.
March 4, 2026
KM Proposes $21,086 HVAC Chargeback — No Payment Offered
Kidder Mathews sends HVAC invoice proposing $21,086 deduction against S&W's claim. S&W disputes $4,800–$6,100 as unrelated to tear-off work. Even accepting the full $21,086, over $121,188 remains owed. No payment of any amount has been offered.
March 6, 2026
$142,275 Mechanic's Lien Recorded on KM Client's Property
S&W records a $142,275 Claim of Lien against 16868 Via Del Campo Court (APN 678-271-15-00). This lien exists because Kidder Mathews failed to require lien releases.
🤝
A Note About the Property Owner
The building owner is a victim in this situation — not a target.

The owner of this property trusted Kidder Mathews to manage it professionally and protect their interests. Kidder Mathews failed them too. They now have a $142,275 mechanic lien on their property through no fault of their own. We have no dispute with the property owner, bear them no ill will, and this site is not directed at them in any way. Our grievance is with Kidder Mathews — the property manager whose failure to follow standard industry practice caused this entire situation.

There Is Strength In Numbers

S&W Roof Tear Off Corp is not the only contractor with an unpaid claim on a Kidder Mathews-managed project.

We have been made aware that other vendors are in a similar situation. Multiple creditors sharing the same story is a pattern — and patterns support collective action. If you performed work on a Kidder Mathews-managed property and were not paid by the general contractor, your account matters. Reach out. There is strength in numbers.

Contact us: (619) 990-3657 · eddie@swrto.com

You Are Not Alone
Were you a contractor on a
Kidder Mathews project?
You are not alone — and there is strength in numbers. We are actively building a record of unpaid contractors on Kidder Mathews-managed projects. If you were not paid by a general contractor on a KM property, your account matters. Multiple creditors standing together have legal options that one creditor standing alone does not. Contact us.
$142K
Owed to S&W for completed roofing work on one KM-managed property
$1M
KM paid to City of San Diego for prior conflict-of-interest conduct
1
Company. Two documented incidents. One pattern.
Contact S&W Roof Tear Off Corporation
Owner Edward T. Clare III
Phone (619) 990-3657
Web swrto.com
CSLB License #992187 — Active
Frequently Asked Questions
What contractors, property owners,
and tenants should know.
Yes — confirmed, settled public record. In 2021, the City of San Diego and San Diego Housing Commission sued Kidder Mathews and broker Jim Neil for undisclosed conflicts of interest on a $67M hotel acquisition. Neil secretly purchased stock in the counterparty and overcharged commissions by 100%+ above the contractual cap. KM settled for $1,000,000 in 2022. Neil was permanently disbarred from San Diego city business. KM accepted a 2-year ban from city contracts. Sources: KPBS, Times of San Diego, UniCourt.
No. Kidder Mathews did not require conditional or unconditional lien releases from RSI Roofing before approving progress payments. California Civil Code §8202 specifically advises property managers to require signed releases from subcontractors before paying general contractors. S&W filed its Preliminary Notice on February 4, 2026 — formally notifying Kidder Mathews of lien rights. KM still did not require releases. A $142,275 mechanic's lien is now recorded as a direct result.
Multiple documented connections exist. In 2023, Kidder Mathews Asset Services (Barbara Putis) and RSI Roofing COO Melanie Bamba Milinkevich co-presented at the BOMA San Diego Women in Construction Week luncheon — a documented professional relationship between the same KM division managing Via Del Campo and RSI's leadership. S&W's demand letter additionally alleges that RSI Roofing used Kidder Mathews' conference room to terminate a business partner — a relationship that should have been disclosed to the property owner when RSI was selected for the project.
The property owner is the client of Kidder Mathews on this project. They are not a party to this dispute — they are themselves a victim of Kidder Mathews' failure to require lien releases. This site does not name or target the property owner.
If you performed work on a property managed by Kidder Mathews and were not paid by the general contractor, you may have California mechanic's lien rights and a potential claim against Kidder Mathews for negligent project oversight and failure to require standard payment controls. S&W is building a record of such accounts. Contact: (619) 990-3657 or eddie@swrto.com. There is strength in numbers — your account may support collective legal action.