Founding and Managing Partner

Giovanni Ruscitti

Legal Assistant

Alissa Siron 

Giovanni M. Ruscitti is one of the founding members of Berg Hill Greenleaf Ruscitti LLP and currently serves as the firm’s Managing Partner. Mr. Ruscitti is equally comfortable in the courtroom as in the boardroom and regularly serves as lead transactional and litigation counsel. This unique and broad range of experience allows Mr. Ruscitti to provide Berg Hill Greenleaf Ruscitti’s clients with comprehensive, strategic, innovative, and cost-effective counsel. He often works as a strategic adviser to board directors and general counsel. His practice focuses primarily on construction law, complex commercial litigation/arbitration, mergers and acquisitions, real estate, and construction and commercial transactions. His clients include entrepreneurs, emerging growth companies, banks, and local, national, and international companies. He serves a broad range of industries, including construction, manufacturing, medical, nutrition, development, telecommunications, innovation/technology, professional services, mining, and real estate.

Mr. Ruscitti lives outside of Boulder with his wife of 32 years, Aggie Blake-Ruscitti. He enjoys spending time with his family, Italian & French wines, travel, fly fishing, hiking, yoga, and playing basketball.

Experience

Construction Law

Mr. Ruscitti has almost 30 years of experience working on construction, mining, power, and energy-related matters. He has represented clients on public and private projects for owners, developers, general contractors, subcontractors, suppliers, insurers, and sureties, emphasizing complex EPC projects. To that end, Mr. Ruscitti has negotiated and drafted EPC and design-build contracts up to $2.2 B in value and litigated and arbitrated EPC and other construction contract disputes with hundreds of millions of dollars in dispute. Giovanni has substantial experience as an advocate, arbitrator, and mediator in every type of construction dispute, including defect, delay, indemnity, breach of contract, fraud, bid protest coverage, and complex litigation.

Giovanni also advises clients on Federal construction contract issues, including requests for equitable adjustments, certified claims, defense of claims under the False Claims Act, compliance with the Federal Acquisition Regulations, and Miller Act.

Giovanni has worked as lead transactional and litigation counsel on industrial plants, office buildings, power plants, hydroelectric power, utility projects, processing plants, water storage, water and waste treatment plants, defense projects, hospitals, schools, highway construction, prisons, mining projects, oil & gas, pipeline, and solar projects. Finally, Giovanni has served as lead transactional counsel on large P3 projects, including drafting and negotiating complex concession and development agreements, EPC and design-build agreements, drop-down and lower-tier subcontract and framework agreements, and financing agreements.

Litigation

Mr. Ruscitti has litigated several cases to successful results, including Federal and State jury and bench trials, claims before the ASBCA and the Court of Federal Claims, and arbitrations before the American Arbitration Association, International Centre for Dispute Resolution, the International Chamber of Commerce, JAMS and Judicial Arbiter Group, on a broad range of complex commercial, construction/surety, and civil cases, including litigation involving management and corporate control issues, mergers and acquisitions, environmental, CERCLA, RCRA, construction defects, and delays, surety disputes, intellectual property, trade secrets, mining, contract disputes, derivative actions involving fiduciary duty claims, SEC, FTC, FCC, TCPA, ERISA and withdrawal liability, employment agreements, covenants not to compete, fraud, financial transactions, and insurance coverage disputes. Mr. Ruscitti has extensive experience handling preliminary injunctions and other injunctive relief hearings. Mr. Ruscitti has handled matters in Arizona, Colorado, California, Delaware, Florida, Idaho, Illinois, Massachusetts, Minnesota, Montana, Nebraska, New Mexico, New York, North Dakota, Ohio, Texas, Utah, Washington, and Wyoming, as well as Canada, Central America, South American and Europe.

Corporate Law

Mr. Ruscitti routinely advises our corporate clients and general counsel on topics such as organizing and planning business entities, mergers and acquisitions, structuring strategic alliances, structuring commercial and intellectual property transactions, and creating and protecting trade secrets and other intellectual property rights. Mr. Ruscitti also represents privately held companies in connection with private placements, financing alternatives, including secured and unsecured credit facilities and debt or equity offerings, and SEC issues. In addition, he has developed and implemented various exit strategies enabling clients to monetize their investments, including mergers and divestitures, and has implemented various corporate restructurings, reorganizations, and recapitalizations.

Real Estate Law

In real estate, Mr. Ruscitti has represented real estate developers and owners on a wide variety of legal matters, including acquisitions, 1031 exchanges, structuring of transactions, construction, financing, leasing, zoning, land use, and due diligence issues. Mr. Ruscitti has served as the lead transactional counsel on the development of the Dick’s Sporting Goods Park soccer stadium and the purchase, sale, and development of significant real estate portfolios, including the largest commercial portfolio transaction in Boulder County 2015.

Healthcare Law

In healthcare, Mr. Ruscitti has represented medical practices and healthcare providers in general business matters, as well as mergers and acquisitions and enforcement of restrictive covenants. Mr. Ruscitti is also experienced in provider payment disputes, including disputes involving Medicare and Medicaid.

Alternative Dispute Resolution

Mr. Ruscitti also serves as a mediator and arbitrator for the American Arbitration Association on complex commercial, M&A, corporate, IP, energy, mining, and construction disputes.

EDUCATION & ADMISSIONS

JURIS DOCTOR

UNIVERSITY OF DENVER COLLEGE OF LAW, 1993

MASTERS OF BUSINESS ADMINISTRATION 

UNIVERSITY OF COLORADO, 1993 

BACHELOR OF ARTS

UNIVERSITY OF COLORADO, 1989

Colorado

 

New York

 

U.S. District Court, District of Colorado

 

U.S. District Court, District of Nebraska

 

U.S. District Court, Tenth Circuit Court of Appeals

 

Pro Hac Vice in 

Arizona, California, Delaware, Florida, Illinois, Massachusetts, Montana, New York, Ohio, Texas, Utah, and Wyoming

Professional Associations

American, Colorado, Denver, and Boulder County Bar Associations

American Trial Lawyers Association

American Bankruptcy Institute

American Bar Association Torts and Insurance, Business, Litigation, and Bankruptcy Sections

Rocky Mountain Mining Association

Colorado Mining Association

Associated General Contractors of Colorado

American Arbitration Association, Commercial Panel of Neutrals

 

Community Involvement

Boulder Chamber, Member, Board of Directors

Boulder Economic Council, Chair, Executive Committee

University of Colorado Leeds School of Business; member of Deming Center for Entrepreneurship Advisory Board

 

Honors & Awards

Best Lawyers, Commercial Litigation, Construction Law Litigation – Construction Litigation, Mergers and Acquisitions, 2021 & 2022

5280 Magazine Top Construction Lawyer, 2021

BizWest Most Influential Business Leader, 2021

 

Giovanni’s Blog

In the News

BHGR and Boulder Ballet

For nearly five years, Berg Hill Greenleaf Ruscitti has supported Boulder Ballet. We were honored to continue this tradition and support for the arts this year and look forward to the years to come. Images by Amanda Tipton Photography | FB- Amanda Tipton-Photographer...

Firm Happenings