Rupa Patel

Rupa joined CLAPP | MORONEY in 2012 as a member of the Firm’s Construction Group.

Throughout her legal career, Rupa successfully defended and represented Developers, General Contractors and Subcontractors in various non-litigation, pre-litigation, litigation and complex civil litigation matters, both privately and through insurance companies. She has experience representing suppliers and manufacturers of products as well. Her knowledge regarding construction overall including plans, designs, specifications, and details enables her to communicate effectively with design professionals, builders, developers, general contractors, subcontractors and owners. She understands complex design issues and is able formulate reasonable and realistic methods to address those claims. She has worked closely with engineers to successfully refute a seven-figure design claim relating to fire resistivity. She has defended against multimillion dollar defect actions often working closely design professionals to rebut the claims. She has experience working with architects and engineers in business and transactional capacities and in various aspects of litigation. She has provided counsel to clients regarding administrative hearings including complaints with the Contractors State Licensing Board as well as hearings with the Contractors State Licensing Board.
Rupa has had success in enforcing limitation of liability provisions, obtaining reasonable dismissals, and has used claims for unpaid fees to reach reasonable resolutions. She has defended design/build construction matters and worked closely with design professionals under joint defense agreements to ensure a coordinated, efficient, and strategic defense of claims.

As corporate counsel for various general contractors, subcontractors and other business, for over ten years, Rupa regularly:

Advises and supports company management on corporate transactions, corporate governance, contracting and compliance with laws as necessary.
Reviews of a variety of contracts, including NDAs, Consulting Agreements, Vendor Agreements, Customer Purchase Contracts, Construction Contracts, Subcontracts and provides advice and support on corporate and more general legal issues as needed.
Maintains corporate books and records including annual and special meeting as necessary;
Provides strategic legal advice to management and Board of Directors;
Evaluates and weighs multiple inputs and manage the impact of external factors;
Identifies proactive solutions to eliminate or mitigate risks;
Drafts agreements that minimize risks and maximize legal rights;
Creates and manages of business templates and processes;
Deals with complex, significant matters that cut across legal and related areas;
Supervises outside counsel, as necessary;
Provides advice and support on various human resource issues such as developing and reviewing employee handbook, policies and procedures, new employee hires and termination of employees, workers compensations and return to work issues, employee discipline and annual reviews.

In addition, Rupa is general counsel for various construction companies and other businesses for over ten years which has provided her with extensive experience in:

Specifications and technical document development, schedule development and analysis, cost analysis, negotiation and drafting of standard and specialized construction contracts, sales agreements and other contracts (with designers, brokers, purchasers, etc.) typical of residential construction projects;
Helping determine and document project scope and duration, milestones, quality standards and pricing and ensuring compliance with local statutory requirements;
Reviewing legal documents, bid documentation and contracts, and advising on the legal rights and obligations under such contracts;
Educating on legal issues and contracts;
Assisting clients in the application and enforcement of contract terms, including construction managing issues relating to such documents and their implementation, code analysis, dealing with owners, and prospective purchasers, working with subcontractors and suppliers regarding lien and construction issues;
Analyzing insurance needs and coverage issues;
Advising on liability claims, professional liability claims and provide general legal support;
Acting as a liaison with outside counsel and developing legal strategy
Contributing and helping with drafting and delivery of legal guidelines and compliance.

Rupa received her J.D. in 2004 from John F. Kennedy University School of Law. Rupa is licensed to practice law in the State of California and is admitted to the United States District Court, Northern and Eastern Districts. She is a member of the Association of Defense Counsel and is a licensed Real Estate Agent.

Rupa can be reached at CLAPP | MORONEY’S East Bay/Central Valley Office or at rpatel@clappmoroney.com.