Ms. Berg is a litigator who began her trial practice in Houston, Texas. In 2004, Ms. Berg moved to Colorado and focused her practice on civil litigation and trial work. She has extensive experience litigating in federal and state courts, arbitrations, and mediations. Ms. Berg routinely serves as lead trial attorney, taking the case from intake, through evidentiary development, motions practice, mediation, litigation, judgment, and collection.
In addition to her broad general litigation practice, Ms. Berg has extensive construction and insurance law experience. She advises clients through multi-million-dollar construction contract negotiations (EPC, MSA, design-build agreements, and subcontracts). Ms. Berg has also litigated and arbitrated construction disputes involving complex contribution and indemnity issues, breach of contract, delay, disruption, loss of productivity, and change orders. In the insurance field, Ms. Berg has represented clients in insurance coverage disputes involving CGL, O&E, homeowners, and commercial policies.
Ms. Berg has been selected six times in a row by the Colorado Super Lawyer Magazine as a “Rising Star.” Ms. Berg graduated from Texas A&M University and is a proud Aggie. She enjoys donating her time to the community by participating in community discussions and forums assisting home and business owners faced with questions or disputes.
Ms. Berg is married to Justin Berg, a fellow partner at BHGR. Together they enjoy the outdoors with their two children, Gus and Lily. In her spare time, Ms. Berg actively competes in the equestrian sport of reining.
As part of Ms. Berg’s construction law practice, she assists owners, contractors, subcontractors, and suppliers in connection with a wide variety of projects, with a special emphasis on EPC contracts and MSAs. She works on industrial projects, maintenance contracts, infrastructure, and school construction. Her involvement has included negotiating agreements, counseling clients to mitigate risk, filing and foreclosing mechanics’ liens, structuring change order and claim requests, reviewing and evaluating delay, disruption, loss of productivity claims and defenses, and helping clients address and resolve disputes before and after the commencement of litigation.
Ms. Berg’s insurance law practice focuses on policy holders seeking to enforce coverage or recover policy proceeds under all types of insurance policies, including commercial general liability, commercial property, builder’s risk, directors and officers, professional liability, homeowners, automobile, business-interruption, and environmental site liability policies. Ms. Berg has litigated coverage claims in federal and state courts, including construction defect claims and claims for bad faith breach of insurance contracts. Her experience in litigating all types of coverage issues allows her to advise clients shopping for coverage to purchase policies that fit their needs and risk profiles.
As a trial lawyer, Ms. Berg has handled complex business disputes, defamation, construction, employment, and fraud cases. She won a significant verdict for an infrastructure contractor against a public entity and was awarded attorneys’ fees and costs on behalf of her client. Ms. Berg has negotiated settlements in excess of two million dollars for a local school district related to construction defects and design-related issues. Finally, she obtained a defense jury verdict on behalf of entrepreneurs faced with a “bet-the-company” defamation and trade-secret case.
Ms. Berg’s business litigation experience is broad but has focused on partnership disputes, contract-based employment disputes, enforcement of trade-secret and confidential information protections, and wide-ups. Ms. Berg has extensive experience prosecuting, resolving, and defending complex commercial litigation matters with an emphasis on claims involving product liability, fraud, breach of fiduciary duty, defamation, interference with contract, breach of contract, and unfair business practices.
EDUCATION & ADMISSIONS
UNIVERSITY OF HOUSTON LAW CENTER, 2003
BACHELOR OF SCIENCE
TEXAS A&M UNIVERSITY, 2000
American, Texas, and Colorado Bar Associations
Boulder County Bar Association; Past Chairman
Rocky Mountain Reining Horse Association; Board
Honors & Awards
Rising Star in area of Business Litigation, Colorado Super Lawyers list in 2017
Insurance Policy and Program Review
As with any business or recreational endeavor, insurance protection is a must. We provide clients with an in depth analysis of their insurance policies or programs. If owned policies are insufficient, inadequate, or inapplicable our team of equine law professionals explain the ramifications to our clients and can help our clients seek new or different policies if necessary.
Whether building a new facility or expanding an existing facility, our equine law professionals can guide you through the processes of applying for the appropriate municipal or governmental approvals.
Obtained a breach of contract and bad faith jury verdict invalidating a “no damages for delay” contract clause, collecting $1.6 million on behalf of general contractor
On behalf of contractor, successfully negotiated settlement with insurance carrier for bad faith denial of coverage
Representing owner of several commercial buildings, negotiated multi-million dollar settlement against designer and contractors
Obtained pre-litigation settlements against D&O insurance carrier for defense costs incurred as a result of governmental investigations of client organizations
The love of horses and all things equine is deeply ingrained into Colorado culture. The financial impact of equine activities is a significant and important part of the local and national economies including industries such as agriculture, sport, entertainment, recreation, and transportation. Berg Hill Greenleaf & Ruscitti LLP offers clients an intimate and experienced team of equine law professionals to assist in all aspects of the industry from liability releases, sale and lease agreements, land acquisition, permitting issues, equine partnership or corporate formation and assistance, contract drafting, and equine related litigation.
Business Planning Equine Operations
We provide clients with assistance in many of the transactional areas of the equine industry such as: contract drafting, buy/sell/lease agreements, property acquisition or leases, release forms, and partner or corporate agreements and formation.
Equine LitigationBusiness Planning Equine Operations
In the event a dispute arises, we offer our equine clients an experienced team of litigators to address the problem whether it be a case in federal or state court, arbitration, meditation pr pre-litigation negotiations. Our substantial trial and dispute reolutions expertise ranges from cases involving negligence, fraud, third party liability, contracts insurance disputes, corporate or partner disputes and disputes with equine associations.
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...
Updated Client Alert: Current State of Colorado Eviction Procedure and Other Changes to Landlord-Tenant Law Effective October 4, 2021.
As of October 4, 2021, the 30-day notice requirement for filing a residential eviction suit for failure to pay rent has expired and Governor Polis has stated that he does not intend to renew that protection. Governor Polis had previously extended Executive Orders D...
Authors: Kathleen Alt and Aisha I. May In March 2020, the “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act”) was signed into law in order to provide both individuals and businesses with relief. On December 21, 2020, Congress approved the second...
In the News
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...
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...
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...
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...
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...