Giovanni Ruscitti

Giovanni provides legal counsel on a wide variety of construction project types, including biofuel (ethanol and methane), defense, geothermal, green hydrogen photovoltaic, heavy highway, hospital, hydroelectric power, industrial plant, mining, office building, oil and gas, pipeline, power plant, prison, processing plant, school, solar, utility, water storage, water and waste treatment plant, and wind projects. He represents owners, developers, general contractors, subcontractors, suppliers, sureties, and insurers in all aspects of construction transactions, claims, and disputes.

Construction Transactions. Giovanni negotiates and drafts complex contracts for public, private, and P3 projects, up to $2.2B in value. He negotiates and drafts EPC, design-build, CMAR, and design-bid-build agreements, as well as other types of construction contracts, including concession and development agreements, drop-down and lower-tier subcontract and framework agreements, financing agreements, master services agreements, supply agreements, and purchase orders. During the construction process, he collaborates with clients on change orders and project claims procedures.

Construction Litigation. Giovanni represents his construction clients in state and federal courts, the ASBCA, Court of Federal Claims, GAO, and national and international arbitration forums. He oversees breach of contract, construction defect, delay, fraud, indemnity, lost productivity, scheduling, and surety claims. He also handles Federal construction contract matters, including those involving bid protests, certified claims, equitable adjustments, the False Claims Act, Federal Acquisitions Regulations, and the Miller Act. He has litigated EPC and other construction contract disputes with up to $1B in dispute.

Giovanni has successfully litigated complex commercial cases in federal and state court, as well as in arbitrations before the American Arbitration Association, International Centre for Dispute Resolution, the International Chamber of Commerce, JAMS, and Judicial Arbiter Group. He oversees a broad range of complex commercial disputes, including breach of contract, breach of fiduciary duty, business competition, construction, corporate, employment, environmental, federal statutory and agency (SEC, FTC, FCC, TCPA, ERISA), financial transactions, fraud, insurance, intellectual property, mining, and trade secrets claims.

Giovanni also serves as a mediator and arbitrator for the American Arbitration Association on the commercial, employment, and construction panels.

Giovanni assists his corporate clients with business formation, structuring strategic alliances, commercial and intellectual property transactions, mergers and acquisitions, and creating and protecting trade secrets and other intellectual property. He also represents privately held companies with private placements and financing alternatives, including secured and unsecured credit facilities and debt or equity offerings, and SEC issues. Giovanni has experience counseling clients on exit strategies that enable them to monetize their investments, restructure, reorganize, and recapitalize.