Founding and Managing Partner
Giovanni Ruscitti
Legal Assistant
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

Kathleen Alt Talks Remote Work and the Challenges Companies Might Already Be Experiencing
In an article published in the Daily Camera today, Monday, April 25, partner Kathleen Alt offers some updates on the complexities of remote work, particularly, out-of-state remote workers. Check out the article here*. Writer: Paula Aven Gladych Contributors: Kathleen...

BizWest honors “Most-Influential Business Leaders” in Boulder Valley and Northern Colorado
Our founding and managing partner, Giovanni Ruscitti, was honored as a "Most-Influential Business Leader" at BizWest's Book of Lists Launch Party yesterday, January 20, 2022. Giovanni was recognized along with twenty-nine other inspiring and influential business...

OSHA COVID Emergency Temporary Standard for Employers
In early September, the White House directed the Occupational Safety and Health Administration (OSHA) to develop and issue an emergency temporary standard (ETS) mandating that employers with 100 or more employees require employees to be fully vaccinated or submit to...
In the News
Firm Director of Marketing Honored in the 2022 Boulder Valley 40 Under Forty
BizWest announced the 2022 Boulder Valley 40 Under Forty on May 4, 2022. Honored among the "40", is firm director of marketing, Ashley Cawthorn. She recounts her initial days with the firm and why being a part of Berg Hill Greenleaf Ruscitti was the perfect fit. "I...
Rudy Verner Moderates A Panel On Climate-Action at BizWest’s Net Zero Cities
Partner Rudy Verner joined four panelists in kicking off BizWest's Net Zero Cities event held at The Ranch Event Complex in Loveland, CO this morning, May 4, 2022. The session titled 'Climate-Action Bootcamp' was geared toward the private sector and went beyond the...
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
Kathleen Alt Talks Remote Work and the Challenges Companies Might Already Be Experiencing
In an article published in the Daily Camera today, Monday, April 25, partner Kathleen Alt offers some updates on the complexities of remote work, particularly, out-of-state remote workers. Check out the article here*. Writer: Paula Aven Gladych Contributors: Kathleen...
Client Alert: Colorado – New Criminal Penalties for Employer’s Use of Illegal Non-Compete Agreements
Buried within recent legislation passed by the Colorado General Assembly lies a provision that will likely materially alter the relationship between employers and their employees. Colorado has long disfavored the restrictive covenants utilized by employers to curtail...
OSHA COVID Emergency Temporary Standard for Employers
In early September, the White House directed the Occupational Safety and Health Administration (OSHA) to develop and issue an emergency temporary standard (ETS) mandating that employers with 100 or more employees require employees to be fully vaccinated or submit to...