special counsel
Julie M.
Earnest
Ms. Earnest has worked as a transactional attorney in private practice and as in-house counsel for an international design and construction company. She has experience with construction, real estate, corporate matters, merger & acquisitions, and litigation management. Her primary focus at Berg hill Greenleaf Ruscitti is construction law.
Prior to recently rejoining Berg Hill Greenleaf Ruscitti as Special Counsel, Ms. Earnest was Associate General Counsel, Secretary, and Vice President for an international design and construction company. Ms. Earnest is a member of the Construction and Commercial Panel for the American Arbitration Association and is a registered professional engineer.
Experience
Construction Law
As in-house counsel for a construction contractor and engineer, Ms. Earnest performed the following: advised the Civil/Construction/Mining, Power, and Oil & Gas Business Units in the pursuit of infrastructure and industrial projects, negotiation of contracts, implementation of work, and dispute resolution; drafted and negotiated contracts for domestic and international infrastructure and industrial projects valued from hundreds of thousands to those in excess of one billion dollars; negotiated professional services agreements (engineering consulting and construction management services), design/build and construction contracts, change orders, and settlement agreements; represented the contractor as the construction joint venture partner in the pursuit of private public partnership projects; managed outside counsel regarding litigation (cost and schedule construction claims, OSHA citations, union grievances, personal injury claims), intellectual property law, environmental matters, federal contract provisions, creation of special purpose entities, payment disputes, and international legal matters; consulted with engineers, managers, and executive management to communicate risks, develop practical solutions to mitigate risks, and resolve disputes; and worked with risk management in-house experts and brokers to evaluate insurance coverage. In private practice, Ms. Earnest provided legal representation to owners, developers, contractors, and subcontractors in the negotiation of contracts and the resolution of breach of contract, termination, and lien claims; performed research regarding construction litigation claims and prepared complaints.
Real Estate Law
Ms. Earnest has negotiated and drafted purchase agreements, leases, and closing documents for commercial and residential real estate purchase and sale transactions including those for affordable housing projects. She has assisted clients with loan financing documents and acquisitions through eminent domain.
Corporate Law
Ms. Earnest has prepared documents for the creation and operation of corporations, private foundations, and limited liability companies; prepared merger documents including acquisition agreements, assignments, resolutions and employment agreements; negotiated shareholders’ agreements, LLC operating agreements, and joint venture agreements; advised clients on the tax implications and requirements associated with the formation of non-profit organizations, conservation easements, business division in divorce, estate planning and characterization of income. She has drafted development management agreements and strategized with real estate developers regarding their organizational structure and contracts in order to minimize taxation.
Mergers & Acquisitions
In private practice, Ms. Earnest negotiated and drafted documents relating to mergers, asset acquisitions, stock purchases, noncompetition agreements, indemnity agreements, employment agreements, and other closing documents associated with such business transactions. As in-house counsel, she participated in business asset sales and internal reorganizations in anticipation of stock sales.
Government Contracts
Ms. Earnest has reviewed and negotiated federal and state contracts for infrastructure projects, negotiated change orders, participated in dispute resolution processes, researched and advised regarding interpretation and application of federal acquisition regulations and state procurement regulations, and represented contractors in the development of claims.
EDUCATION, ADMISSIONS & PROFESSIONAL LICENSES
JURIS DOCTOR
UNIVERSITY OF COLORADO SCHOOL OF LAW, 2000
MASTERS OF BUSINESS ADMINISTRATION
KELLER GRADUATE SCHOOL OF MANAGEMENT, XXXX
MASTERS OF SCIENCE
PURDUE UNIVERSITY, 1984
BACHELORS OF SCIENCE
PURDUE UNIVERSITY, 1982
Colorado
2000
Registered Professional Engineer
Illinois
Professional Associations
Colorado Bar Association
Public Speaking & Engagements
Panelist, BizWest’s Rocky Mountain Construction Summit 2018,
The Voice of General Construction: Current Challenges in Construction.
Alternative Dispute Resolution Experience
Assisted contractor in support of its $30 million delay claim in the Dispute Resolution Board proceeding related to a $204 million transportation project.
Supported contractor in the defense of a $50 million breach of contract arbitration claim related to a contract mining operation.
Alternative Dispute Resolution Training
AAA ACE 19 Case Finances: What Arbitrators Need to Know, 2019
Arbitration Fundamentals and Best Practices for New AAA Arbitrators, 2019
AAA Arbitration Awards – Safeguarding, Deciding and Writing Awards, 2019
AAA – Clarity in Award Writing. AAA – Case Finances for Arbitrators.

Julie’s Blog

Everything Landlords and Sellers of Residential Property Need to Know About Colorado’s New Radon Disclosure Requirements
As of August 7, 2023, residential landlords and sellers of residential property must comply with Senate Bill 23-206 (SB 23-206), which significantly changes radon disclosure requirements in the State of Colorado.

What Landlords Need to Know About Colorado’s New Restrictions on Residential Lease Agreements
As of August 7, 2023, residential landlords must comply with Colorado House Bill 23-1095 (HB 23-1095). The new law significantly changes the enforceability of various residential lease provisions in the State of Colorado. Residential landlords should consider closely...

Safer Federal Workforce Task Force Issues Vaccine Mandate Guidance for Federal Contractors
As a follow up to President Biden’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, (Order) the Safer Federal Workforce Task Force (TASK Force) has issued its guidance (Guidance) in an effort to implement a science-based plan...
In the News
2024 Boulder Valley 40 Under Forty Honorees
BizWest has announced 80 honorees recognized in the 2024 Boulder Valley and Northern Colorado 40 Under Forty class. Among the 40 recognized in the Boulder Valley market are three of our own - Elizabeth Froehlke, DJ Goldfarb, and Larry Myers. 40 Under Forty honorees...
BHGR Welcomes Ian Carmen
Berg Hill Greenleaf Ruscitti LLP is pleased to welcome Ian Carmen to the team. Ian joins the firm this month as BHGR's newest litigation associate. Prior to joining BHGR, Ian worked for an award-winning national law firm. Ian earned his Juris Doctor from the...
2024 Best Lawyers
Berg Hill Greenleaf Ruscitti congratulates the six attorneys named to the 2024 Best Lawyers in America List! Five Berg Hill Greenleaf Ruscitti LLP attorneys have been named “Best Lawyer,” an award presented to a single lawyer in each practice area and geographic...
Firm Happenings
Colorado Employment Law Changes 2023
This legislative summary is informational only. The presentation or use of this information does not in any manner constitute an attorney-client relationship between BHGR and the website user. While the information on this site concerns legal issues, it is not...
Client Alert: Three Things To Know About Colorado’s New POWR Act
POWR Act Expands the Colorado Anti-Discrimination Act Applicable to Employment Discrimination Claims and Practices Big changes to Colorado employment law are here! The law governing employment discrimination practices and claims, nondisclosure agreements, and employer...
Everything Landlords and Sellers of Residential Property Need to Know About Colorado’s New Radon Disclosure Requirements
As of August 7, 2023, residential landlords and sellers of residential property must comply with Senate Bill 23-206 (SB 23-206), which significantly changes radon disclosure requirements in the State of Colorado.