Education

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

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

Bellarmine College Preparatory, 1998



Practice Areas

Construction
Business Litigation



Bar Admissions

State Bar of California

State Bar of Nevada
Eric C. McAllister
Partner
   emcallister@millermorton.com   |   (408) 292-1765



Biography

Eric McAllister’s practice focuses primarily on construction and commercial transactions and litigation.  His clients include national and local developers, general contractors and business owners.  Eric prepares and negotiates prime contracts, subcontracts, and other agreements for commercial and residential construction projects and advises clients during disputes on claim prevention and documentation. Eric is also well versed in evaluating and litigating high-value construction defect, delay and payment claims, as well as a wide range of commercial matters.  

Eric has served on a number of committees for the Santa Clara County Bar Association, and is the former chair of the association’s Real Property Executive Committee. He regularly writes and speaks on construction topics for various industry publications and organizations. Eric has also been recognized as a Northern California Super Lawyer in Construction.





Affiliations
  • Santa Clara County Bar Association
  • California State Bar Association
  • Nevada State Bar Association
  • Apartment Owners Association of California
  • Tri-County Apartment Association




Representative Experience
  • Has assisted California property owners and developers in recovering more than $100 million in construction defect damages.

  • Assisted a national developer resolve a multi-million dollar mechanic’s lien and stop notice claim arising from alleged delay and impact claims on a residential high-rise project.

  • Argued an appeal of a motion denying class certification before the California Court of Appeals, Sixth District.

  • Argued an appeal of a permit revocation before the Mountain View City Counsel.

  • Awarded Judgment Notwithstanding the Verdict on a Crawford defense claim, overturning a $300,000 jury verdict.

  • Obtained summary judgment on a $1 million payment claim against a general contractor for violation of the single-trade rule.





Articles




Speaking Events

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

Lecturer, “Indemnity Agreement Basics,” National Association of Residential Property Managers, 2011

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





Publications

CGL Endorsements and Exclusions Impacting Defective Workmanship, Construction Executive, July 2015

The In-House Counsel’s Guide to Insurance Construction Work
InsideCounsel, May 2015 

Apartment Acquisitions Require Due Diligence, Western Real Estate Business, March 2015

EB-5 Development and Target Employment Areas, Development, Winter 2014

Buyer Beware: Due Diligence Do’s and Don’ts, Multifamily Executive, October 2014 and January 2015

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






Honors and Awards