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
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Assisted a national developer in obtaining a judgment in the amount of $15.7 million to repair construction defects.
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Assisted a national apartment owner in the recovery of $6.2 million to repair defects on elevated walking surfaces (balconies, walkways and stair landings).
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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.
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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.
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Obtained summary judgment in defense of a $1.1 million claim by an unlicensed contractor.
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Obtained Judgment Notwithstanding the Verdict (JNOV) on a $150,000 indemnity claim.
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PUBLICATIONS
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"Latent Construction Defects: Discovering Damage Before It’s Too Late," Apartment Owner’s Association News, March 2011
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SPEAKING ENGAGEMENTS
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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
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MEMBERSHIPS
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American Bar Association
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California Bar Association
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Nevada Bar Association
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Santa Clara County Bar Association
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California Apartment Association – Tri County
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Apartment Owners Association of California
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EDUCATION
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J.D., University of Arizona, James Rogers College of Law, 2007
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B.A., Philosophy, Santa Clara University, 2002
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Bellarmine College Preparatory, 1998
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