Managing partner in the firm’s expanding Walnut Creek office, Alan Packer has practiced law in California for over 20 years. He focuses his practice on real estate, home building, commercial construction and insurance law. Clients rely on his extensive knowledge and experience in this highly regulated arena to navigate the maze of regulatory changes, new laws and construction guidelines with emphasis on project risk management covered by insurance.
Alan represents homebuilders, property owners, and business clients on a broad range of legal matters. He counsels on risk management and insurance matters and handles complex litigation including cost recovery actions and creative dispute resolution. A consummate problem-solver, Alan casts an experienced eye on the myriad issues that can impact his clients’ interests to propose fresh solutions that propel business forward. He adeptly untangles complicated cases and charts a steady course to resolve complex issues that impact the building and development within the construction industry and threaten litigation in other key business sectors.
Real Estate and Construction Litigation
Over the course of his career, Alan has resolved countless contract disputes between builders, contractors and subcontractors, vendors, materialmen, purchasers, and real estate investors. He handles large scale construction and manufactured product defect claims to minimize litigation and defends nondisclosure claims involving alleged fraud in the sale of homes. He helps clients avoid litigation through wrap consultation and documentation, efforts to counter solicitation of homeowners, and subcontract documentation. He also handles mechanic’s lien, stop notice, real estate, and payment and performance bond issues in residential and commercial contexts.
Alan’s ability to craft favorable insurance policy provisions and endorsements make him a natural at successfully navigating insurance coverage disputes with primary carriers and under additional insured endorsements nationwide. He provides risk management counseling regarding litigation avoidance techniques and the use of alternative dispute resolution.
Alan and other members of the firm’s insurance coverage and litigation team are known for their ability to challenge denials for coverage and resolve insurance disputes for business and individual policyholders, recovering millions of dollars in fees and costs. Together, he and his colleagues actively challenge insurers to pay for claims with the potential for coverage, and participate in appeals to defend rights to such payments on behalf of clients and building industry associations.
Risk Management and Insurance
Fluent in the language of construction and related areas of law, Alan is a staunch advocate when it comes to managing risk and navigating insurance coverage issues that impact the bottom line. He works with his clients to determine the primary, umbrella, and excess policy towers to mitigate risk and ensure peace of mind. For his corporate clients, Alan negotiates policy review and placement to protect assets through finance, lease, merger, acquisition, purchase/sale, and all other phases of a company’s life cycle.
Alan and the other members of Newmeyer Dillion’s insurance team are adept at forcing insurers to make good on coverage claims. Whether in the context of an E&O claim where the insurer disputes the timeliness of the notice to them, a builder’s risk claim where the insurer tries to clamp the policy shut without paying amounts due for soft costs, or a small business attempting to get its flood damage claim paid, he creatively finds ways past insurers’ attempt to walk away from their obligations to policyholder clients.
Frequently called upon to help clients and industry organizations on appellate issues, both within the insurance context and outside of insurance, Alan and others in the firm have been counsel of record, pro hac vice, or amicus in dozens of appeals in the past decades.
Right to Repair
Newmeyer Dillion has actively supported the building industry’s efforts to resolve homeowner claims through the Right to Repair law enacted by the California legislature. As counsel for an amicus building industry association, the firm has filed briefs in several matters to support and protect the right to repair, and participated in oral argument in the critical matter that resulted in an upholding of the builders’ position.
Awards & Recognition
- Selected to the Northern California Super Lawyers list, 2008-2018
- AV® Preeminent Rating by Martindale-Hubbell Peer Review
- 2015 Top Rated Lawyer in Construction Law by ALM
- California Building Industry Association
- BIA, Bay Area
- Claims and Litigation Management Alliance
- California, 1986
- U.S. District Court, Northern District of California
- Tulane Law School (J.D., 1986)
- Order of the Coif
- University of Illinois (B.A., 1983)