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emcallister@millermorton.com
408.292.1765
25 Metro Drive, 7th Floor
San Jose, CA 95110

OVERVIEW
Eric McAllister specializes in construction law where his practice focuses primarily on the representation of property owners and developers in evaluating and litigating construction defect claims. Eric also has experience representing clients in delay and payment disputes, including those involving mechanic’s liens, stop notices and surety bond claims. In his defect cases, Eric assists clients in identifying areas of defective workmanship, developing customized investigation and testing parameters, analyzing factual and legal impediments to recovery, and litigating claims to resolution. Over the last five years, Eric has assisted property owners in recovering more than $35 million in construction defect cases.

Eric is admitted to practice in both the State of California and the State of Nevada. He currently sits on the Santa Clara County Barristers Executive Committee and the Nevada Construction Law Committee.

REPRESENTATIVE MATTERS

Assisted a national developer in obtaining a judgment in the amount of $15.7 million to repair construction defects.

Assisted a national apartment owner in the recovery of $6.2 million to repair defects on elevated walking surfaces (balconies, walkways and stair landings).

Assisted a local apartment owner in the recovery of $800,000 to repair window and siding defects, and obtained dismissal of $400,000 cross-claim by general contractor.

Assisted a local home owner in the recovery of $2.4 million to repair land movement caused by defective construction of a retaining wall system.

Obtained summary judgment in defense of a $1.1 million claim by an unlicensed contractor.

Obtained Judgment Notwithstanding the Verdict (JNOV) on a $150,000 indemnity claim.

PUBLICATIONS

"Latent Construction Defects: Discovering Damage Before It’s Too Late," Apartment Owner’s Association News, March 2011


SPEAKING ENGAGEMENTS

 

Lecturer, "Accounting for Building Defects in the Purchase and Sale of Commercial Property," Santa Clara County Professional Broker’s Forum, November 2011

Lecturer, "Indemnity Agreement Basics," National Association of Residential Property Managers, November 2011

Lecturer, "Discover How Building Defects are Affecting and Increasing Landlord Liability," Apartment Owners Association of California, October 2011

MEMBERSHIPS

American Bar Association

California Bar Association

Nevada Bar Association

Santa Clara County Bar Association

California Apartment Association – Tri County

Apartment Owners Association of California


EDUCATION

 

J.D., University of Arizona, James Rogers College of Law, 2007

 

B.A., Philosophy, Santa Clara University, 2002

 

Bellarmine College Preparatory, 1998

 
 

Miller Morton Caillat & Nevis construction lawyers, real estate lawyers, labor + employment lawyers, business litigation lawyers, corporate law lawyers and estate planning lawyers provide comprehensive litigation and legal services to clients throughout California including San Jose, Los Gatos, Saratoga, Palo Alto, Los Altos, San Francisco, Oakland, Berkeley, Monterey, Carmel, Irvine, Sacramento, Los Angeles, San Diego. The Miller Morton Caillat & Nevis attorneys serve clients in Santa Clara County, Monterey County, San Francisco County, San Mateo County, Alameda County.
All content © Law Offices of Miller Morton Caillat & Nevis 2012. The information and materials available through this site are provided for informational purposes and do not constitute legal advice.