Justin C. Berg

Justin C. Berg Partner

  • Education
  • J.D., University of Houston Law Center, 2003
  • B.A., Rice University, 2000
  • Admissions
  • Colorado, 2003
  • Experience
  • Professional Associations
  • Honors & Awards
  • Publications
  • Special Mention

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 post-Katrina levee reconstruction projects);
  • residential and commercial building construction (including construction defect actions under Colorado’s Construction Defect Action Reform Act (“CDARA”));
  • insurance coverage and bad faith in a variety of contexts (including CGL policies, payment and performance bonds, and homeowners policies);
  • residential and commercial lease disputes between local and national landlords and tenants;
  • mechanic’s liens and substitution bonds;
  • 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;
  • large estate administration and 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 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, who he met in law school and also practices law at BHGR, and their two children, Gus and Lily.

  • American and Colorado Bar Associations
  • Boulder County Bar Association; Past Chairman, 2004-05
  • American and Colorado Trial Lawyers Associations
  • Colorado Super Lawyers Magazine "Rising Star" in the field of General Litigation, 2012-14

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

          View article here

 

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.

 

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