Construction

We pride ourselves in our depth of experience in construction law and have one of the largest construction law groups in the Rocky Mountain region. We assist our clients at the outset of a project to assist in drafting, reviewing, and negotiating design and construction contracts to give our clients an advantage and to minimize the likelihood that claims and disputes will later arise—saving our clients both money and time. We represent owners and developers of construction projects, as well as prime contractors, trade and specialty contractors, suppliers and surety companies. 

We are experienced with all types of project delivery arrangements, including design-bid-build, design-build/EPC, construction management at-risk, and bridging arrangements. Our attorneys have experience with claims avoidance strategies, mid project claims, the development of negotiation positions, litigation, and arbitration. We work on a wide range of projects all over the country from residential construction defect matters to complex commercial contract disputes. We have worked on legal construction issues for power plants, industrial, wastewater treatment plants, stadiums, airports, commercial and residential buildings, manufacturing and processing plants, dams, highways, hospitals, mines, hotels, institutional structures, environmental remediation and other projects. We also handle bid protest matters before local, state and federal authorities. We also are often called upon during the course of a project to assist as issues arise so that claims can be avoided if possible. When claims, disputes, litigation, mediation, or arbitration proceedings do arise, we routinely handle those as well. Many of our attorneys are trained and experienced as arbitrators and mediators of complex construction disputes. Our experience, and the insight we have gained, in presenting, defending, negotiating, arbitrating, mediating, and litigating complex construction disputes helps us to better anticipate and avoid the problems that can arise on a construction project, and allows us to better serve our clients who call upon us for front-end contract preparation services.

BHGR also has substantial experience with Infrastructure and Public-Private Partnerships (P3).  To that end, in the P3 and project finance space, we have advised on many complex projects in the United States, including fertilizer plants, roads, bridges, health care facility,  stadium and sports complex arenas,  sewer, casino, and other related projects. We also have extensive experience with transportation and heavy highway projects, both in Colorado and throughout the United States.  This work includes negotiating concession agreements and EP/EPC/design-build contracts (and all downstream subcontracts and vender agreements).  In addition, we have negotiated and advised on financing documents and other agreements and reference documents typically associated with such projects, including those relating to railroad, drainage system, geotechnical investigation, hazardous material/environmental, utility investigation and relocation, groundwater, intelligent transportation system infrastructure, and right of way issues.

Our experience includes:

    • Contract review, drafting and negotiation
    • EPC contract negotiation, drafting, and litigation
    • Construction defect claims, analysis and defense
    • Claim preparation and defense, including resolution and avoidance
    • Preparation, assessment and defense of scheduling issues such as delay, impacts, acceleration, and delay damages
    • Preparation, analysis and defense of mechanic lien claims
    • Preparation, analysis and defense of scheduling claims (delay, productivity, acceleration
    • Public procurement
    • Analysis and enforcement construction insurance claims (CGL, Builders Risk, Professional Liability)
    • Differing site conditions
    • Preparation, analysis and defense of change order claims
    • Project terminations
    • Federal and State Government contracts and disputes
    • Bidding and award disputes and protests
    • Design issues including errors and omissions
    • Litigation, arbitration, & mediation

    Practice Area Contact

    Giovanni M. Ruscitti

    Giovanni M. Ruscitti

    Managing Partner | gmr@bhgrlaw.com  | 303.402.1600

    Giovanni M. Ruscitti is one of the founding members of BHGR, and currently serves as the firm’s Managing Partner. Mr. Ruscitti is equally comfortable in the courtroom as in the boardroom, and regularly serves as lead transactional and litigation counsel. This unique and broad range of experience allows Mr. Ruscitti to provide BHGR’s clients comprehensive, strategic, innovative and cost-effective counsel, and he often works as a strategic adviser to boards of directors and general counsel. More…

    Justin C. Berg

    Justin C. Berg

    Partner | jcb@bhgrlaw.com  | 303.402.1600

    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”). More…

    Jack P. Storti

    Jack P. Storti

    Partner | jps@bhgrlaw.com  | 303.402.1600

    Mr. Storti has considerable expertise representing clients in the construction industry. He has advised contractors, subcontractors, suppliers, owners, developers, and design professionals in transactions and claims arising out of both private and public projects. More…