Giovanni Ruscitti

Experience

A construction professional with almost 30 years of experience, including serving on the AAA\"s Construction, Energy and Complex Commercial Litigation Panels, and specializing in complex construction and commercial litigation, arbitration and mediation, dispute avoidance, construction project contract negotiation and drafting, and claims preparation. Focuses practice on large and complex projects, including numerous Mega and EPC industrial and infrastructure Projects. Is equally comfortable in the boardroom and courtroom, and has negotiated and drafted EPC, P3, MSA, design-assist, design-bid-build, design-build, teaming, consortium, prime, subcontract and other contract forms/agreements up to $2.6B in value, and litigated, arbitrated and served as a mediator and arbitrator on EPC and other large and complex disputes with hundreds of millions of dollars in dispute on projects with values the billions of dollars. Substantial experience as lead transactional and litigation counsel, as well as a neutral, on industrial plants, power plants, renewable energy projects, utility projects, processing plants, cement plants, levee, lock and dam, water storage, water and waste treatment plants, office buildings, mixed use, apartments, hotels, condos, broadband, telecommunications, airports, stadiums and sports complex arenas, casino, data center, defense projects, hospitals, schools, DOT/department of transportation, highway construction, toll, rail, bridge, prisons, mining projects (infrastructure and processing in zinc, silver, gold, and coal), oil and gas, pipeline, wind, biomass, solar projects, fertilizer plants (urea, ammonia, nitric acid), and other infrastructure and Mega projects. Has substantial experience in complex construction disputes, including Federal contracting, Federal and state bid protests, defect, delay, lost productivity, indemnity, breach of contract, differing site condition, COVID, and fraud matters. Is also often called upon by clients during the course of a project as \"Project Counsel\" to assist as issues arise so that claims can be avoided if possible, and frequently provides training to his clients on understanding and implementing contract terms and conditions, document management (including proper job cost and other construction reports), and claims avoidance and preparation. Has 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. Substantial additional experience in serving as an arbitrator and representing parties in numerous other arbitration proceedings through the award, including commercial arbitration matters before the AAA, ICDR, and other ADR entities with $10,000,000-$600,000,000 in dispute. This experience includes serving as sole arbiter on numerous complex, multi-party commercial disputes, including a high profile breach of fiduciary/IP dispute with over $600,000,000 at issue and a high profile payor/provider dispute with over $300,000,000 at issue, as well as serving as a panel member and chair on large complex construction and commercial cases. More specifically, experience includes serving as an arbitrator on large and complex healthcare (Medicare/Medicaid, the Social Security Act, the Budget Control Act of 2011, the impact of the federal budget sequestration on Medicare Advantage Organization agreements with providers, and payor/provider disputes), intellectual property (copyright, licensing, & royalty disputes), cannabis (construction, financing and M&A), credit facilities, finance, project finance, breach of contract, real estate, valuation, environmental, indemnity, fraud, master service, consumer finance and debt, consumer protection, corporate governance and fiduciary duty, trade secret and unfair competition, conversion, misappropriation, mining, oil and gas, energy, resource feasibility, health care, and other complex commercial cases. Substantial experience with M&A disputes involving stock purchase agreements, asset purchase agreements, various merger types, representations and warranties, indemnity, earnouts, purchase price adjustments, working capital and fraud.

Work History

After working in a national law firm, co-founded Berg Hill Greenleaf Ruscitti LLP in 2001, and BHGR has grown into a full service national law firm with offices in Irvine, San Diego, Denver, Boulder, and Cheyenne. Currently serves as the firm\"s Managing Partner and is the Chair of the firm\"s National construction practice group. Prior experience includes: Special Counsel, Porzak Browning & Johnson, LLP, 1999-2001; Associate, The Hustead Law Firm, 1997-1999; Associate, Popham Haik Schnobrich & Kaufman Ltd., 1993-1997.

License(s)

Admitted to the Bar: New York (2017), Colorado (1993); U.S. District Court: District of Nebraska, District of Colorado; U.S. Court of Appeals: Tenth Circuit; Federal Court of Claims.

Education

University of Denver College of Law (JD-1993); University of Colorado (MBA, Accounting-1993; BA, Economics-1989)

Awards

Fellow, College of Commercial Arbitrators; Best Lawyers (2020-2023); 5280 Magazine Top Construction Lawyers and Hall of Fame (2023); BizWest - Top Arbitrator/Mediator (2023); BizWest - Most Influential Business Leaders in Colorado (2022; 2023)

Panels

AAA\"s Construction, Energy and Complex Commercial Litigation Panels

Associations

Member - AACE International; American Bar Association (Torts and Insurance Section; Business Section; Litigation Section; IP Section); ABA Dispute Resolution Committee; Colorado Bar Association; New York Bar Association; American Trial Lawyers Association; DRI Complex Commercial Litigation and ADR Subcommittees; 2017/18 Chair of Publications, DRI ADR Subcommittee; Rocky Mountain Mining Association; Colorado Mining Association; Associated General Contractors of Colorado - Associate Counsel; Associated General Contractors of Colorado Legislative Committee; Chair of the Boulder Economic Council; Member of the Board of Directors of the Boulder Chamber of Commerce; Member of Metro Denver Chamber Board of Directors