THOMAS A. BALESTRERI, JR has dedicated most of his 30 years in practice to the representation of developers, property owners and general contractors in litigation, negotiations and risk management. Enjoying the highest AV rating, Mr. Balestreri has tried a number of high exposure cases with great success. He has earned the trust of developers who have retained him to manage problem situations that require an intimate understanding of development and construction practices as well as a firm understanding of the needs of homeowners and tenants. Mr. Balestreri has developed and customized programs for the remediation and repair of mold contaminated homes and large apartment complexes in Southern California and Florida. Mr. Balestreri has assisted developers in responding to claims of non-disclosure and misrepresentation in the sale of the homes. 

Most particularly, Tom has represented the firm’s clients in many matters, including:

Mr. Balestreri has been an invited and featured speaker on construction issues including pre-litigation mold abatement and resolution programs at the 2001 and 2003 seminars of the Association of Southern California Defense Counsel. In October 2002, he moderated a seminar sponsored by ASCDC on techniques and strategies in the trial of construction cases. In 2006 he presented a talk on risk allocation in construction contracts at the annual meeting of the Construction Law Committee of the Defense Research Institute. 

Practice Areas

Construction Law
Landslides and Subsidence
Mold Litigation
Real Estate Litigation
Products Liability
Cargo Claims
Hospitality Liability

Professional Awards & Honors

Top San Diego Lawyers, Construction, San Diego Super Lawyers 2010, 2011, 2012, 2013, 2014, 2017 & 2018

2013 Top Lawyers in the area of Construction Law as published in San Diego Magazine (March 2013)

Employment History

Newell, Balestreri & Dorigan, 1980 to 1991
Balestreri Pendleton & Potocki, 1991 to 2012
Balestreri Potocki & Holmes, 2012 to present

Professional Affiliations & Honors

Member, Association of Southern California Defense Counsel
Member, Defense Research Institute
Member, San Diego County Bar Association
Member, San Diego Defense Lawyers


University of San Diego (J.D., 1980)
California State University at Sacramento (B.A., 1977)