Thomas D. Fama

Tom Fama’s practice focuses on all aspects of real estate including title insurance claims, boundary disputes, easements, mechanic’s liens and broker professional liability. Tom regularly counsels clients navigating difficult agency disputes between brokers and sales associates as well as advising brokers on proper disclosures of a sales transaction during escrow. He devotes a significant amount of his practice to counseling real estate brokers in Northern California on emerging areas of exposure in real estate law and guides brokers through the preparation and formation of agency relationships.

Tom also brings his honed litigation skills to complex construction claims counseling and defending the nation’s largest home builders against all facets of construction defect and construction accident litigation. He advises home builders on creative alternative strategies and proposals to litigation that have helped clients avoid multi-million dollar lawsuits. He has been recognized by judges and mediators as a creative lawyer that brings practical effective solutions to complex construction situations.

He has successfully defended professional and product liability matters, businesses against personal injury claims and counsels home builders in contractual matters with subcontractors. Tom secured favorable results for his clients in litigated matters, including receiving defense verdicts for lenders, general contractors and veterinarians. He is highly skilled in all facets of litigation, including trial and appeal. He is a licensed real estate broker and licensed to practice in Bankruptcy Court for the Northern and Eastern District of California.

Tom is an active CLM member and regularly speaks on panels at seminars across the nation, discussing new and emerging trends with insurance claims, management of claims and litigation in the construction and real estate industry. Tom is the president of the Sigma Chi alumni board at the University of the Pacific.

Newsroom

News

•Eleven WSHB Attorneys Elected Into Partnership
Newsroom, 1.16.20

Events, Seminars & Speaking Engagements

•'Do you Really Want to Hurt Me? The Dos and Don'ts of Construction Site Safety,' CLM Construction Conference, San Diego, CA, September 18, 2025
•'Look Behind the Curtain: AI and its Emerging Use with Insurance Fraud,' CLM Focus Conference, New York, NY, December 4, 2024
•'Artificial Intelligence in Claims: A Look at AI and What Will Become the Future in Claims, CLM Webinar, October 1, 2024

•'Out of Control: Addressing Project Delays, Labor Shortage, Claims, and Coverage Dilemmas, CLM Construction Conference, Huntington Beach, CA, September 20, 2024

•'Nothing to Fear: A Closer Look at AI and the Future of Claims,” CLM Focus Conference, New York, NY, November 29, 2023
•'Emerging Issues in Construction Defect Litigation,' Perrin Conferences National Construction Defect Conference, New Orleans, LA, November 9-10, 2023
•'How the Turbulent Economy is Creating Challenges in Construction and Related Claims,' CLM Construction Conference, Austin, TX, September 28, 2023
•'Blurred Lines: Emerging Issues with Design Professional Liability and Construction Defects,' CLM Construction Conference, San Diego, CA, September 23, 2021
•'Beyond the Pandemic: Anticipating the Next Industry Disruptors in Property and Construction,' CLM Annual Conference, Atlanta, GA, August 12, 2021
•'Litigating in the World of Artificial Intelligence and Emerging Technologies,' CLM Focus Conference Claims and Litigation Management, New York, NY, December 2, 2020
•'Lessons Learned from Covid-19 on the Insurance Industry and Property Claims,' CLM Cannabis, Environmental, Insurance Fraud, Property, Subrogation, Claims & Litigation Conference, Washington D.C., November 4, 2020
•'Caution! Ethical Complications with Pre-Litigation Investigation of Construction Claims,' CLM Construction Conference, October 1, 2020
•'Keeping up with the Techies: How Technology is Raising the Bar for Risk Reduction and Assignment of Liability,' CLM Extra-Contractual, Insurance Coverage and Claims & Litigation Management Conference, New York, NY, December 5, 2019

Publications

•HOA Has Standing to Bring a Claim on Behalf of Homeowners for Construction Defect Claims
Case Updates, 3.27.23
•New Laws Restrict HOA's in Favor of Homeowners
Article, 12.8.22
•Author, ' Building Toward 2025, ' Construction Claims Magazine, Fall 2024
•Co-Author, ' Construction's Cloudy Outlook, ' Construction Claims Magazine, Spring 2023

Community Activities

•President of the Sigma Chi Alumni Board at the University of the Pacific

In the News

•WSHB Secures Victory in Construction Defect Case: Contractor Wins Bench Trial
•HOA Has Standing to Bring a Claim on Behalf of Homeowners for Construction Defect Claims
•New Laws Restrict HOA's in Favor of Homeowners
•Eleven WSHB Attorneys Elected Into Partnership

Honors & Recognitions

•AV Preeminent Peer Review Rated by Martindale-Hubbell