Kaveh Badiei Portrait

Kaveh Badiei

Partner

University of California, Hastings College of the Law
Juris Doctor, 2001 

University of California, Irvine
Bachelor of Science, Civil Engineering, 1997

Rutan & Tucker LLP
Senior Counsel, 2007-2017

Thelen LLP
Associate, 2001-2007

Project Engineer
1997-1998 

California

Super Lawyers 2020-2024 

Super Lawyers “Rising Star” 2011-2015

The Construction Lawyers Society of America, Fellow

ABA Forum on Construction Industry, Member

San Carlos Children’s Theater, Board President (2020-2023)

Northern California Chapter of the Iranian-American Bar Association, Past President

General Plan Advisory Committee for the City of San Carlos, Appointed Member

Kaveh Badiei is an experienced construction attorney with a background in both civil engineering and construction management.

He is well versed in all aspects of construction litigation, arbitration, and mediation as well as contract drafting, review and negotiation, bonds, mechanic’s liens, false claims, defective construction, and insurance coverage. He has substantial experience advising owners, developers, general contractors and subcontractors on public and private construction projects involving commercial buildings, schools, hospitals, hotels, theaters, wind-energy facilities, nuclear and research laboratories, transportation centers, fiber-optic lines, pipelines, waste-water treatment plants, and high-end homes. His practice also includes advising property owners regarding easements and encumbrances. 

Prior to joining Ralls Gruber & Niece LLP, Kaveh worked at Rutan & Tucker LLP for ten years, and at Thelen LLP for six years. Kaveh was recognized by Northern California Super Lawyers as a “Rising Star” in 2011-2015, and as a Super Lawyer in 2020-2024.

Transactional: 

  • Draft, review, and negotiate numerous general contracts, EPC agreements, subcontracts, joint-venture agreements, and design-build contracts for commercial or residential projects.
  • Counsel and advise public agencies and private companies on preparing and responding to requests for proposal and contract negotiations for design-build or public-private partnership projects.

Dispute Resolution on Select Matters:

  • Underground utilities:
    • Represented the utility owner in a multi-million dollar claim by the general contractor on the installation of nearly 1,900 miles of underground fiber optics lines.
    • Prosecuted a general contractor’s claim for improper termination, delay, and disruption against a public entity in a project involving underground water pipe installation.
    • Represent a general contractor against utility owner in a dispute arising from failure to mark utilities under the USA guidelines.
  • BART Extension: Represent the general contractor in a dispute with one of its subcontractors.
  • Hospital: Represent a hospital operator in a delayed and deficient construction of new hospital.
  • San Francisco Transbay Terminal: Represent various subcontractors in their contractual disputes arising from their work.
  • Custom Homes: Represent and counsel homeowners in contractual disputes and construction defects.
  • Homeowners Association: Representation of an HOA against the general contractor for various contractual disputes and defective workmanship.
  • Adjoining Properties: Represent property owner and litigate scope of easement and encumbrances by and between adjoining property owners.
  • Historic Building: Trial counsel for the owner of a historic building in an action involving property damage caused by the construction of the neighboring high-rise building; the jury returned a multi-million dollars verdict in favor of a historic-building owner.
  • Waste Water Treatment Plant: Trial counsel for a subcontractor on a wastewater treatment plant in a California False Claims Act and breach of contract action, which resulted in a 12-0 jury verdict in favor of the subcontractor and recovery all of the subcontractor’s attorneys’ fees.
  • Solar Energy: Arbitrated a general contractor’s claim against the owner on a dispute involving the construction of a solar energy facility.
  • Research Laboratory: Favorably resolved a subcontractor’s pass-through claims for delay, disruption and cost overruns against a general contractor and Department of Energy/National Nuclear Security Administration.
  • Hotel: Defended a construction lender in a mechanic’s lien action brought by over twenty lien claimants, involving over $10 million in lien claims.
  • Residential Development: Represented a developer in a defective-construction claim brought by over 1,000 homeowners.
  • Moderator and presenter at the Healthcare Project Delivery Conference (San Diego, 2019 and 2020)
  • Presenter at a roundtable discussion entitled “Developing Your P3 Checklist” delivered at The P3 Federal Conference (Washington D.C., November 2018 and 2019)
  • Update Author, California Construction Contracts, Defects, and Litigation (CEB Publications), for yearly updates of 2014 to 2023, for chapters entitled “Design-Build” and “Handling Disputes During Construction.”
  • Co-Author, Public-Private Partnerships: A New Tool For California’s Infrastructure Needs, California Real Property Journal, Volume 31, Number 1 (May 2013).
  • Co-Author, The Need For P3 – Public Private Partnerships Can Help Bridge America’s Infrastructure Gap, DBIA Newsletter, Spring 2013.
  • Author, Geothermal Energy: Is It Attractive Enough to Draw Investors for Construction of Geothermal Electric Plants, 7 Hastings W.-NW. J. Envtl. L. & Pol’y 109 (2001).

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