Mr. Eliopoulos has over 25 years of experience assisting clients in the area of Construction and Real Estate Law. He is a partner in Rutan’s Trial Section, Co-Chair of its Construction Law Group and Managing Partner of the firm’s Silicon Valley Office. Mr. Eliopoulos has extensive experience in preparing, handling and defending construction and real estate claims. Mr. Eliopoulos also has assisted clients in drafting and negotiating a wide array of complex construction contracts involving delivery methods including design-bid-build, design-build, CM At-Risk, integrated project delivery, lean construction, green/LEED building, and creative financing models such as Public-Private Partnerships. His experience covers virtually all types of construction projects, from large infrastructure, dams, bridges, transit and roadways, to commercial, industrial and public buildings, hotels, data centers, laboratories, education, airports, health care and power facilities. His work on power facilities includes drafting and negotiating contracts for development, design and construction of solar and wind power generation plants.
Mr. Eliopoulos has trial experience in state and federal courts, arbitration and mediation. He has litigated claims arising from private works, as well as federal, state and local public works projects. His construction litigation experience includes the representation of contractors and developers in connection with claims of all facets, including delay and disruption, change orders, the False Claims Act, contract termination, construction defect, bid protest, and mechanic’s lien. Mr. Eliopoulos formerly was an Instructor of Construction Law at the University of California, Berkeley, Extension Program.
Mr. Eliopoulos received his J.D. in 1981 from the University of California, Davis, Law School, where he was Editor of the Law Review and the Hopkins Award winner. He is a member of the State Bar of California, American Bar Association (Litigation Section; Forum on the Construction Industry), the Santa Clara Bar Association, and the Design-Build Institute of America.
Areas of Expertise
- Construction Law
- Construction and Real Estate Litigation
- Commercial Litigation
Representative Clients
- Rosendin Electric Inc.
- Stacy and Witbeck Inc.
- Rudolph and Sletten, Inc.
- Critchfield Mechanical, Inc.
- Spirent Communications
- The Olson Company
- Granite Construction Company
- Plant Construction Company
- Cupertino Electric
- David and Lucille Packard Foundation
Representative Matters
- Assisted in negotiating and drafting $2 billion Public-Private-Partnership financed design-build agreements for construction of metro light rail project in Texas.
- Drafted EPC and related agreements for solar utility grade power project in Puerto Rico.
- Assisted in negotiating and drafting subcontract for federal design-build data center construction project in Utah.
- Defense counsel for ENR Top 50 prime contractor against multimillion dollar False Claims Act claims by public entity arising out of S.F. International Airport construction project.
- Prosecuted multimillion dollar delay, disruption and extra work claims for trade contractor against Stanford University concerning hospital construction project.
- Defense counsel for ENR Top 100 prime contractor adverse to multiple trade contractors’ multimillion dollar delay and disruption claims arising from Kaiser Hospital construction projects.
- Prosecuted multimillion dollar claim by project owner against prime contractor and surety arising from terminated condominium construction project in Oakland, California.
- Prosecuting multimillion dollar delay, disruption and extra work claims for ENR Top 25 trade contractor against prime contractor and United States Department of Energy regarding Los Alamos Nuclear Laboratories construction project.
- Prosecuted multimillion dollar delay, disruption and extra work claim for trade contractor and ENR Top 50 prime contractor against California Department of Transportation arising out of Interstate 80 freeway renovation project.
- Prosecuted multimillion dollar change order claims on behalf of ENR Top 25 trade contractor against general contractor and owner arising from complex “clean room” construction project.
- Prosecuted multimillion dollar breach of contract and mechanic’s lien claims on behalf of ENR Top 25 trade contractor against prime contractor arising out of power plant construction projects in the Central Valley.
- Prosecuted multimillion dollar fraud claims on behalf of two ENR Top 100 prime contractors against former joint venture partner arising out of Ohio dam project.
Client Testimonial
"I would like to take the opportunity to thank you and your team for all of your hard work in supporting our company in this difficult situation. I appreciate you very much and value your opinion and expertise, more than words can say. When the going gets tough, I only want the best and brightest representing us and that is you and the Rutan team. If we have to go to battle, I'm going in with your team and this expert witness as my first choice. As our company continues to grow and prosper we will occasionally encounter situations such as this project that we need to deal with, it's nice to know we have strong support." Sent by email from longstanding client.