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.