Robert P. Rutila

“I find great satisfaction in assisting my clients achieve their goals and ambitions. Not only do I vigorously advocate on my clients’ behalf, but I also adopt their cause as my own.”
– Rob Rutila

Robert is an Arizona native, having been born and raised in Phoenix, Arizona. After attending Brophy College Preparatory, Robert obtained his undergraduate degree at The University of Michigan- Ann Arbor, and his Juris Doctor in 1998 from Santa Clara University School of Law. Robert began his law practice in Northern California before relocating back to Arizona over twenty years ago.

Robert is an experienced commercial litigator, representing hundreds of clients in construction, landlord/tenant, real estate, banking and creditor collection disputes. He also represents both multi-state banking organizations, and insurance companies in loan foreclosure, general litigation, and bankruptcy matters.

Robert currently counsels various corporate and individual clients concerning their general business operations, including corporate, real estate, and institutional issues.

Robert is licensed in both Arizona and California, routinely practicing in both states’ local and federal courts.

Robert lives in Scottsdale with his wife and four children. He has been actively involved since 2008 as a member of the Fiesta Bowl Committee, and routinely participates in local charity events. An avid golfer, Robert enjoys traveling with his family, attending his alma mater’s sporting events and taking part in everything the State of Arizona has to offer.

Areas of Expertise

Commercial Litigation

Banking litigation, contract disputes, and collections matters.
Business torts, commercial disputes, secured transactions, and U.C.C. claims.
Litigation involving majority and minority business owners, workplace issues, and family-owned business conflicts.
Business divorces and corporate director and officer liability.
Labor or employer/employee disputes.
Receivership proceedings.

Construction Law & Litigation

Construction contracts, subcontractor agreements, and change orders.
Construction defect litigation, lien foreclosure actions, and warrant and bond claims.
Mechanics lien issues and related claims.
Breach of fiduciary duty and defective building products actions.
Zoning and land use law and claims.
Counsel regarding construction site accidents and related OSHA issues.
Construction site accidents, responses, and claims.

Real Estate Litigation

Landlord/tenant disputes, lease and lien disputes, homeowners’ association actions, and purchase and sale litigation.
Boundary claims, brokerage and closing disputes, and general contractual disputes.
Easement and eminent domain matters.
Forcible entry and detainer and eviction proceedings.
Foreclosures and trustee’s sale actions and fraud and nondisclosure litigation.
Land use and zoning issues.
Quiet title actions and secured transaction agreements and/or claims.

Registrar of Contractor Claims

All aspects of the ROC registration process including the application, classification of license, account maintenance, bonding, background checks, and business name availability.
Filing a complaint, responding to an ROC investigation, corrective work orders, citations and complaints, the rehearing and appeal process, and application to the recovery fund for payment.
General counseling to avoid ROC complaints and mitigate risks.

Insurance Litigation

General insurance coverage litigation.
Business interruption and business loss claims and e-commerce matters.
Director and officer liability.
Denial of the insurer’s duty to defend or error and omission coverage for directors and officers, and general insurance bad faith claims.
Cyber insurance liability claims.
Shareholder derivative claims.
Employment-related claims, including discrimination and misconduct.
Property damage, business interruption losses, and bodily injury claims.

Collections Action

General debt collection and domestication of foreign judgments.
Judgment collections and creditor’s claims.

Background

Bar Admissions

California (1998)
U.S. District Court for the District of Arizona (1999)
U.S. Bankruptcy Court of Arizona (1999)
U.S. District Court – Northern District of California (1998)
U.S. District Court – Central District of California (1998)
U.S. District Court – Southern District of California (2013)
Ninth Circuit Court of Appeals (1998)

Education

State Bar of California (1998)
State Bar of Arizona – Construction Law Section (1999)
Maricopa County Bar Association (1999)

Community Involvement

Fiesta Bowl Committee Member (2008 – Present)
University of Michigan Phoenix Alumni Member (1999 – Present) (Board 1999 – 2001)
AZ Kings Volleyball 12U team liaison (2020)
Phoenix Chamber of Commerce Member Representative (2012 – 2018)
Kiva Dad’s Club (2016)

Articles & Publications

Buyer Beware: The Arizona Homeowner’s Purchaser Dwelling Act (2011 Updates)

Seminars & Teaching

Prepared client update articles and instructed multiple homeowner associations concerning construction defect actions.

Presented to various commercial realty entities concerning lease disputes and successful negotiation strategies.

Specific Representations

Successfully prosecuted three-day jury trial in Maricopa County Superior Court on behalf of Arizona developer, resulting in judgment of upwards of over $300,000, including a six-figure award of attorneys’ fees.
Represented a large commercial building contractor in successful defense of multi-million-dollar claim, resulting in favorable settlement and no admission of liability.
Represented multiple parties in disputes between individual homeowners and homeowner associations involving short-term rentals, the enforcement of CC&Rs, property lines, destruction of property, noise and disturbances, and quiet enjoyment actions.
Prosecuted and defended hundreds of ROC complaints, achieving the client’s goals.
Prosecuted construction defect class action lawsuits involving multiple parties and claims.
Represented a national governmental banking agency in multiple commercial foreclosure cases resulting in judgments of hundreds of thousands of dollars.
Represented large national insurance company and its insurers in dozens of construction cases, resulting in favorable settlements on behalf of the insureds and commercial contractors.
Prosecuted and achieved summary judgments on behalf of several landlord clients involving commercial lease disputes.
Successfully defended a large local commercial business before the National Labor Relations Board on several occasions, resulting in favorable outcomes.
Litigated multimillion-dollar commercial loan dispute on behalf of guarantor investor, resulting in a million-dollar settlement in favor of the client.
Handled hundreds of collection actions for Arizona and California clients.