Eric A. Berg

Of Counsel Chicago

Eric A. Berg focuses his practice on construction law, in both litigation and transactional work. Eric has represented developers, international corporations, contractors, subcontractors, construction managers and designers on diverse projects, from Freedom Tower in New York to Willis Tower in Chicago, from dredging the Mississippi River to building casinos in Las Vegas, from Silicon Valley tech hubs to Willy Wonka's Chocolate Factory.

Prior to joining Ogletree, for three years Eric was Deputy General Counsel at Great Lakes Dredge & Dock, in Oak Brook, Illinois, and General Counsel for its demolition subsidiary, NASDI, LLC, in Waltham, Massachusetts, and its abatement subsidiary, Yankee Environmental Services, LLC, in Billerica, Massachusetts. While at Great Lakes, Eric provided counsel on multiple corporate topics including contract drafting, extras claims, payment disputes, mechanics liens, labor and employment matters, compliance issues, personal injury and workers compensation, public contracts, real estate transactions, insurance and risk management, and surety and bond questions.


Experience

As a litigator, Mr. Berg has represented owners, contractors, subcontractors, architects, engineers, and lenders in trials, arbitrations, and mediations. Specific lawsuits include the following:

  • Prosecuting a general contractor's claim as lead creditor in an involuntary bankruptcy proceeding.
  • Successfully pursuing preliminary injunctive relief against a school district on behalf of a lowest responsible bidder.
  • Defending an owner at trial of a mechanics lien foreclosure.
  • Representing a manufacturer in the arbitration of a contractor's extras claim.
  • Defending the municipal owner of a water treatment facility against a contractor's equitable-adjustment lawsuit.
  • Obtaining a not-guilty verdict on behalf of a sports stadium designer in a personal injury claim.
  • At arbitration, successfully preserving minority-owned business status for multi-million dollar material vendor in baseball-stadium project.

Mr. Berg also has extensive experience in other areas of commercial litigation.

Mr. Berg's transactional work includes drafting and negotiating contracts for the design, construction, rehabilitation and construction management of hotels, hospitals, office buildings, apartment buildings, private residences, retail stores, and warehouses. Transactions of particular note include the following:

  • Lead outside construction counsel for global financial and professional services firm specializing in real estate, with $2.9 billion in annual revenue.
  • Created standard contractor, designer, consultant and vendor agreements for national developer of over $2 billion in residential construction projects.
  • Established master construction contracts for $18 billion international technology company.
  • Developed the construction management agreement for a $1.3 billion, 5,000,000 sq. ft. entertainment complex.
  • Counseled the construction manager on a $5 million agreement to oversee the $280 million renovation of an air freight distribution facility.
  • Drafted standardized agreements for national developer of $100 million+ high-rise apartment complexes.
  • Acted as lender's counsel in $99 million apartment, garage, retail, condo and townhouse complex.
  • Advised owner on design and construction contracts for critically acclaimed, 90,000 sq. ft. corporate headquarters/R&D facility located in suburban Chicago.

In addition, Mr. Berg is well-versed in all facets of the Americans with Disabilities Act and the Fair Housing Act. For numerous clients, Mr. Berg has provided counsel on interpretation of and compliance with the ADA, the FHA, and other federal, state, and local accessibility and civil rights statutes.

Professional Activities and Speeches

Professional Activities:

  • American Bar Association (Forum on the Construction Industry, Immediate Past Chair of the Project Performance Division) (Division Five)
  • Society of Illinois Construction Attorneys ("SOICA")
  • Member, Non-binding Arbitration Panel of the Mechanics Lien and Mortgage Foreclosure Section of the Circuit Court of Cook County (Illinois)

Speeches:

  • Lorman Seminars - ''Change Orders: Strategies and Mistakes'' - Chicago - May 2014
  • Association for the Advancement of Cost Engineering International - ''Managing Construction Risk by Leveraging the Law'' - Oak Brook - March 2014
  • American Bar Association Forum on the Construction Industry - ''Technical Legal Defenses in Construction Law'' - Houston - September 2011
  • DePaul University Real Estate Center - ''Construction Law and Contracts'' - November 2010 - April 2011
  • International Council of Shopping Centers Law Conference - ''Owners and Construction Claims - Preparing for the Worst'' - Scottsdale - October 2009
  • Illinois Institute of Technology's School of Architecture - Guest Lecturer - ''Project Management/Contract Administration'' - Chicago - April 2009 - February 2015
  • Law Bulletin's Real Estate Law Conference - ''Due Diligence in Commercial Real Estate Transactions'' - Chicago - November 2008
  • Ohio Contractors Association - ''Legal Issues Relating to Building Information Modeling ("BIM")'' - Columbus - March 2008
  • ABA Construction Forum - ''Lessons Learned: Accessibility Law - A Ounce of Prevention is Worth a Pound of Cure'' - San Juan - April 2007
  • National Association of Home Builders' Spring Board of Directors Meeting - ''Age Targeting - A Risky Plan'' - Washington, D.C. - April 2006
  • Centerbuild Conference of the International Council of Shopping Centers - Roundtable - ''Emerging Issues in the Americans with Disabilities Act'' - Scottsdale - January 2006
  • Association for the Advancement of Cost Engineering International - ''Legal Aspects of the Construction Schedule and Delay Methodologies'' - Buffalo Grove - March 2005
  • International Council of Shopping Centers Centerbuild Conference - ''Ownership of Architects' Plans and Specifications" and "Legal Implications of the Construction Schedule'' - Scottsdale - January 2005
  • ABA Forum on the Construction Industry - ''Payment-Related Agreements'' - Tampa - October 2004
  • Lorman Seminars - ''Change Orders in Illinois'' - Chicago - September 2004 - September 2005
  • ABA Construction Forum - ''Drafting Arbitration Clanses'' - Boston - May 2003
  • Advanced Construction Law - National Business Institute - ''Construction Scheduling and Delays" and "Construction Ethics'' - Chicago - February 19, 2003
  • National Business Institute - ''Illinois Construction Law: What Do You Do When...?'' - Chicago - April 2002 - September 2003

Published Works

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Our Insights

Media

Media Quotes

September 2008 - Construction Checklists: A Guide to Frequently Encountered Construction Issues - ""Cost-Plus Contracts - Owner's Considerations" and "Pursuing ADR""
January 2008 - THE Construction Contracts Book - Chapter - "No Damages for Delay"
2007 - Forms & Substance: Specialized Agreements for the Construction Project - Chapter - "'Mechanics' Liens and Releases"

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