Greer B. Mallette
Partner

Greer Mallette focuses his practice on real estate, construction, and business litigation matters. He advises small business owners regarding their rights, duties and obligations, and has litigated claims of shareholder oppression, squeeze out, and breach of fiduciary duties. He works with banks, title companies and other property owners on matters related to commercial contracts, leases, loan closings and resolves real estate problems, such as title and boundary disputes.

Greer frequently lectures on property litigation matters, and understands that part of providing zealous representation is looking beyond the dispute at hand and focusing on the client’s broader business needs and goals. Some of the most valuable counsel he provides to Christian & Small clients is helping them pick and choose the battles worth fighting in the context of their business goals.


Best Lawyers Award Badge

Representative Experience

  • Represented tenants and landlords in drafting, negotiating and litigating commercial leases.
  • Successfully foreclosed on behalf of an Improvement District and Bond Trustee on more than a hundred lots owned by a developer in default where bonds were secured only by Improvement District Assessments.
  • Obtained order in favor of large industrial landowner declaring public prescriptive easement and continued rights to access timber resources.
  • Successfully obtained judgment quieting title “in rem” on numerous parcels claimed by multiple heirs and successfully sold property pursuant to bill for sale and division.
  • Obtained a settlement in favor of 50% shareholder in a close corporation on claims of oppression and breach of fiduciary duty. Obtained the appointment of a custodian to oversee the business operation and enforce payment of the settlement.
  • Defended and obtained summary judgment on behalf of bank client against a claim that a mortgage was primed by an executory sales-contract.
  • Defended construction material testing firm against claims that it had failed to properly test soils and advise as to subsurface conditions. Obtained summary judgment.
  • Represented numerous construction firms and suppliers in perfecting liens and receiving prompt payment.
  • Defended member of an LLC against claims of oppression, squeeze-out and breach of fiduciary duty arising out of the member’s purchase of other members’ interests in the LLC. Obtained summary judgment and subsequent affirmance of such judgment by the Supreme Court of Alabama.
Awards and recognition
  • Selected for inclusion in Alabama Super Lawyers® 2013-2015 in the area of Real Estate Litigation
  • Selected for inclusion in Best Lawyers in America® 2014-2017 in the area of Construction Law
Professional and Community Involvement
  • American Bar Association (ABA): Member
  • Alabama State Bar: Member
  • Mississippi Bar Association: Member
  • Birmingham Bar Association: Member
  • Alabama Council on Real Estate: Member, Leadership Council
  • Rotary Club of Birmingham: Member
  • Greater Alabama Council of the Boy Scouts of America: Eagle Scout and Committee Volunteer
  • Vestavia Day School, Board Member
  • Vestavia Hills United Methodist Church, Member
Publications and Presentations
  • Co-Author with Bradley R. Hightower, Alabama Lien Law Primer: How to Protect Mechanics’ and Materialmans’ Liens in Alabama (February 2017)
  • Author, Are You Paying Too Much in Ad Valorem Real Property Taxes?, Christian & Small Nonstop Insights Blog (April 2015)
  • Presenter, Key Provisions and Warranties: Default/Remedies Provisions, Guarantees, and Small Tenants – Unique Issues and Negotiating Tactics, National Business Institute Seminar on Retail, Office and Restaurant Leases (August 2014).
  • Author, Is Alabama on the Cusp of an Economic Boom?, Christian & Small Nonstop Insights Blog (February 2014)
  • Presenter, Financial Alphabet Soup: Attorney’s Guide to Financials, Business Valuations and Accounting Experts; “Fair Market Value” or “Fair Value,” National Business Institute Seminar (2013).
  • Presenter, Miller Act and Little Miller Act: Claims Against Bonds; Bonding Over Liens Under Alabama Statutes, Lorman Education Services Seminar on Construction Lien Law (October 2011).
  • Presenter, Resolving Boundary Disputes without Going to Trial, Boundary Dispute Trial Preparation and Litigation, and Ethical Considerations, National Business Institute Seminar on Boundary Disputes and Handling Client Conflicts (December 6, 2010).
  • Presenter, Handling Right of Way Problems, National Business Institute Seminar on Boundary Disputes and Handling Client Conflicts (December 3, 2009).
  • Presenter, Litigating Easements, National Business Institute Step-by-Step Guide to Understanding Easements Seminar (March 29, 2007).
Admissions
  • Alabama, 1999
  • Mississippi, 2001
  • United States District Court, Northern District of Alabama
  • United States District Court, Middle District of Alabama
  • United States District Court, Southern District of Alabama
  • United States District Court, Northern District of Mississippi
  • United States District Court, Southern District of Mississippi