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.
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....