Partner
Justin C.
Berg
Legal Assistant
Justin has been a BHGR attorney for over 20 years, where his practice focuses primarily on complex commercial and civil litigation and arbitration. He has successfully handled a wide variety of litigation matters before the state and federal courts in Colorado, as well as arbitrations before the American Arbitration Association (“AAA”), International Chamber of Commerce (“ICC”), JAMS, and Judicial Arbiter Group (“JAG”). This includes cases involving:
- multi-million dollar local, national, and international civil and industrial construction projects (including in the U.S. and Central and South America);
- multi-million dollar national and international mining projects (including in the U.S. and Central and South America);
- protesting federal procurement bids to the Government Accountability Office (“GAO”) in Washington D.C. (including in connection with New Orleans and Sacramento area levee reconstruction projects);
- residential and commercial building construction (including construction defect actions under Colorado’s Construction Defect Action Reform Act (“CDARA”));
- a variety of residential and commercial real estate disputes;
- residential and commercial lease disputes between local and national landlords and tenants (including in Colorado, New York, California, and Texas);
- insurance coverage and bad faith (including CGL policies, homeowners policies, automobile policies, and payment and performance bonds);
- mechanic’s liens and substitution bonds (including in Colorado, New York, and California);
- warranty claims under the Uniform Commercial Code (“UCC”);
- deceptive trade practices under the Colorado Consumer Protection Act (“CCPA”);
- securities fraud under the Colorado Securities Act;
- a variety of partnership and business disputes involving fraud and breach of fiduciary duty claims;
- large estate administration and related breach of fiduciary duty claims; and
- personal injury (including wrongful death and product liability)
Justin’s practice at BHGR also includes transactional work and related preventive services. Justin uses his broad experience litigating and arbitrating contracts to help his clients avoid costly disputes by drafting and negotiating better agreements, by developing appropriate documentation and correspondence during execution, and by advising project management on how to successfully adjust when problems arise before, during, and after performance. This includes assisting local, national, and international clients with matters involving small to very large to “mega” construction and development projects – including construction management contracts, design-build contracts, and engineering, procurement, and construction (“EPC”) contracts with values over $2 billion – as well as residential and commercial real estate acquisitions, sales, and leases.
Outside the office, Justin is an avid outdoorsman and takes every opportunity to hunt, fish, hike, bike and spend time with his two kids, Gus and Lily.
EDUCATION & ADMISSIONS
JURIS DOCTOR
UNIVERSITY OF HOUSTON LAW CENTER, 2003
BACHELOR OF ARTS
RICE UNIVERSITY, 2000
Colorado
2003
Professional Associations
American and Colorado Bar Associations
Boulder County Bar Association; Past Chairman, 2004-05
American and Colorado Trial Lawyers Associations
Honors & Awards
Colorado Super Lawyers Magazine “Rising Star” in the field of General Litigation, 2012-14
Publications
PUBLISHED WORK
Justin C. Berg and Jason T. Pink, “Overcoming the Public Impact Hurdle to CCPA Claims“, Colorado Lawyer, October 2014, Volume 43, No. 10, p. 67-72
REPRESENTATIVE PUBLISHED CASES
Chen v. Am. Family Mut. Ins. Co., 2013 U.S. Dist. LEXIS 116318, 2013 WL 4434370 (2013)
Kesling v. Am. Family Mut. Ins. Co., 861 F.Supp.2d 1274 (D. Colo.2012)
Special Mention
While at Boulder High School, Justin played on the 1992 6A State Championship football team. As an undergraduate at Rice University, Justin started for four years on the baseball team, receiving all-conference and post season honors, and played in the 1997 and 1999 NCAA College World Series. After being drafted by the St. Louis Cardinals following his senior season, Justin decided to remain at Rice to continue his education and pursue the practice of law.

Justin’s Blog

Client Alert: Colorado Places New Restrictions on Non-Compete Agreements Between Employers and their Employees
Colorado has long disfavored non-compete agreements within the state. Historically, under C.R.S. § 8-2-113, restrictive covenants were void and unenforceable except for under specific circumstances, including: the purchase and sale of a business or the assets of a...

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...

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
Merritt Named Co-Chair of the Firm’s Trusts, Estates, Probate, and Tax Practice
Shelly Merritt, a partner at Berg Hill Greenleaf Ruscitti, has been named the co-chair of the Firm's Trust, Estates, Probate, and Tax Practice. Merritt has over thirty years of experience representing individuals, families, closely-held businesses, executives, and...
BHGR Introduces the Women’s Leadership Committee
Just in time for Women's History Month, Berg Hill Greenleaf Ruscitti LLP formed and formally introduced the BHGR Women's Leadership Committee. The Women's Leadership Committee is comprised of sixteen female attorneys and was established to recognize and cultivate a...
BHGR Partnership Expands with 2023 Elections
The Berg Hill Greenleaf Ruscitti partnership gathered at our Boulder office on January 31, 2023. In that meeting, attorneys Geoff Williamson and Benjamin Wilson were elected Equity Partners, and Elizabeth Froehlke and DJ Goldfarb were elected Non-Equity Partners,...
Firm Happenings
Updates in California Employment Law: Additional Requirements for Pay Data Reporting and Pay Transparency
Updates in California Employment Law: Additional Requirements for Pay Data Reporting and Pay Transparency On September 27, 2022, Governor Gavin Newsom signed into law Senate Bill 1162 ("SB 1162"), expanding California's data reporting requirements under Government...
Client Alert: What Employers Must Convey Upon Employee Termination or Separation
Colorado's most recent legislative session, concluding in early May, pushed through several new employment-related laws that concern employers and employees alike. Senate Bill (SB) 22-234 should be of particular interest to employers, as it requires employers to...
Client Alert: Colorado Places New Restrictions on Non-Compete Agreements Between Employers and their Employees
Colorado has long disfavored non-compete agreements within the state. Historically, under C.R.S. § 8-2-113, restrictive covenants were void and unenforceable except for under specific circumstances, including: the purchase and sale of a business or the assets of a...