Justin has been a BHGR attorney for over 17 years, and currently sits on the firm’s Management Committee. Justin’s practice at BHGR 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, and bike with his wife, Sally, whom he met in law school and also practices law at BHGR, and their two children, Gus and Lily.
EDUCATION & ADMISSIONS
UNIVERSITY OF HOUSTON LAW CENTER, 2003
BACHELOR OF ARTS
RICE UNIVERSITY, 2000
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
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)
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.
On June 13, 2020, Governor Polis issued an executive order temporarily curtailing eviction proceedings to provide relief to Coloradans affected by COVID-19. Since then, the Governor has issued a series of extensions and added requirements on how evictions may proceed....
Partner, Mark Changaris, participated in a commercial real estate webinar hosted by BizWest. The webinar focused on the impacts the industry is seeing as a result of COVID-19 and what landlords and tenants should know. Changaris was joined by Damian Ederhoff, partner...
A new Agency Order from the U.S. Department of Health and Human Services, Center for Disease Control and Prevention (“CDC”) is expected to be published in the Federal Register on September 4, 2020, which will temporarily halt residential evictions of qualifying...
In the News
Managing partner, Giovanni Ruscitti, participated in an American Arbitration Association - International Centre for Dispute Resolution (AAA-ICDR) program today, Thursday, February 11. Also on the panel were two other AAA-ICDR arbitrators, Judge Rebecca Albrecht and...
The Colorado Hispanic Bar Association (CHBA) announced its 2021 Board of Directors on December 15, 2020. Attorney Maverick Flowers was named an 'At Large Director.' As a first-generation Hispanic college graduate and attorney, Maverick holds a strong...
Attorney Maverick Flowers joined forces with Brittany Chung, Vivek Bedi, Rachelle Nelson, Lindsay Jespersen, and Danny De Lillo to create Cures of Colors, a not for profit organization focused on curating narrative coloring books that help put into...
On Tuesday, November 17, 2020, managing partner, Giovanni Ruscitti, moderated a panel on "Workouts and Workarounds" within the Boulder Valley commercial real estate industry. This session was part of BizWest's annual Boulder Valley Real Estate Conference. Joining him...
On January 21 (10 a.m. MST), the Berg Hill Greenleaf Ruscitti Construction Team will discuss federal policy concerning COVID-19 impacts on federal contractors, strategies for recovering the costs of COVID-19 impacts and what to expect from the government, the steps...
Attorney, Megan Gutwein, participated in BizWest's Confluence Colorado Water Conference on Thursday, October 22. Joining Megan were panelists Brad Wind, general manager, Northern Water, Patrick McMeekin, vice president of land development and partner, Hartford Homes....