Berg Hill Greenleaf & Ruscitti LLP
Areas of Expertise:
✔ Commercial/Business ✔ Construction
✔ Contract Disputes ✔ Energy including oil and gas
✔ Professional Fees
Engaged for over 35 years in the practice of construction law representing owners, contractors, developers, sureties, subcontractors, and design professionals. Mr. Greenleaf now devotes his practice to Alternative Dispute Resolution, mainly the arbitration of complex construction disputes. He has served as an arbitrator in over 250 construction cases through final award. He also mediates select cases and has acted as project neutral and dispute review board member/early neutral evaluator on large complex projects. Mr. Greenleaf prides himself on the management and organization of large scale arbitration proceedings and typically serves as Chair. He has been involved in construction projects in 42 states and internationally. He has handled claim amounts in excess of $500 million and projects with values exceeding $6 billion. He was a founding co-chair of the Construction Arbitration Section of the College of Commercial Arbitrators. He is also a Fellow of the American College of Construction Lawyers. He has significant experience in all aspects of construction claims and often handles claims involving: • Scheduling claims including delay, disruption, acceleration, productivity, sequencing and inefficiency as well as in-depth experience in critical path scheduling and damages analysis; • Construction defect cases and multi-party claims (has arbitrated cases involving more than 60 parties), and insurance analysis (including disputes pursuant to the Colorado Defect and Reform Act (CDARA); • Large scale engineering, procurement & procurement (EPC) construction and disputes; • Design build projects; • Contract document interpretation; • Termination and wrongful termination; • Soils, expansive soils and shifting soils, underground obstructions, differing site conditions; • Concrete and paving issues including ACI compliance; • Claims involving design, engineering, errors and omissions; • Metal and lightweight building design and construction; • Thermal and moisture intrusion/protection, and building envelope issues, including paint/coatings; • Structural steel cases including AISC compliance; • Termination cases and damage analysis; • Glass, glazing window wall issues and disputes; • Mechanical, plumbing and HVAC issues and disputes; • Electrical issues and disputes; • Building exterior, roofing and waterproofing issues; and • Building code and plans, and specifications compliance. Construction: Has represented all parties in the construction process and has participated on large complex case panels as an arbitrator before the AAA, ICDR, CPR and ICC Courts involving: office and commercial buildings, apartments & multifamily buildings, retirement facilities, industrial projects, solar and wind projects, water and sewer treatment plants, waste water treatment plants, hospitals, municipal projects, prisons, hotels, civil and heavy highway, dams, rail projects, roads and bridges, sports stadiums, airports, restaurants, steel buildings, breweries and distilleries, museums and luxury high, mid and low-rise residential structures, as well as high-end residential construction projects. EPC and Energy Type Construction: Extensive experience representing owners, contractors and equipment suppliers and has participated on complex case panels as an arbitrator before the AAA, ICDR, CPR and ICC Courts for energy disputes. Has been a member of the AAA’s National Energy Panel for many years and is also a member of CPR’s Energy, Oil & Gas Panel. Experience includes: gas and coal fired power plants, gas processing plants, fertilizer plants (Urea, Ammonia Nitric Acid), wind generation projects, solar projects and plants, hydro-electric, oil field infrastructure matters, salt water storage and disposal, energy infrastructure, pipeline, petrochemical, refinery projects, chemical plants, iron plants, power and treatment plants, electric generation, cogeneration plants, oil refining, and gas and salt water storage, transport, pipeline and storage facilities. Alternative Dispute Resolution Experience - Experienced in all areas of dispute resolution, including mediation, arbitration, med-arb hybrids, and dispute review boards. Has been an American Arbitration Association Construction Panelist since 1989, arbitrating and serving as chair on numerous construction disputes on both national and international forums. International arbitrator experience includes cases for the International Centre for Dispute Resolution (ICDR), International Chamber of Commerce International Court of Arbitration (ICC), and the International Center for Conflict Prevention and Resolution (CPR). Also a member of the American Arbitration Association’s National Panel of Mediators as well as a member of their Master Panel. Has served as an AAA Faculty program facilitator and presenter for many years. Serves as a “Rule 7” arbitrator regarding issues of consolidation and joinder as well as serving as a Special Master on disputes involving Electronically Stored Information (ESI).
Special Counsel, Berg, Hill, Greenleaf & Ruscitti, LLP, 2001-present; Partner, Wells, Love and Scoby, LLC, 2000-01; Partner, Coats, Rose, Yale, Ryman and Lee, P.C. (Houston, TX), 1987-00; Associate, Green, Downey, Patterson & Schultz, P.C. (Houston, TX), 1982-86.
2016 AAA Construction Conference "Ahead of Schedule & Under Budget"; member of the curriculum development committee for the new Arbitrator Continuing Education (A.C.E.) “Staying on Course When Things Don’t Go As Planned” 2015; “Avoiding Ten Common Missteps by Arbitrators” 2015; Dispute Review Board Chairing Workshop 2016; AAA Dealing With Delay Tactics in Arbitration (ACE004) 2010; Construction Dispute Resolution Services, LLC, Theory, Practice and Rules of Arbitration, 2007; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2004; Second Biennial Conference on International Arbitration and Alternative Dispute Resolution, 2002 (Salzburg, Austria); AAA Arbitrator Update 2001; AAA Construction Industry Arbitrator II Training: Advanced Case Management Issues, 2001; Texas Bar Association, Mediation & ADR Training, 2001; attended AAA Mediator Retreat, 2000; AAA Construction Mediator Training, 1998; AAA Construction Industry Arbitrator Training, 1996; faculty, AAA Demystifying the Arbitration Process; AAA Construction Arbitrator Training.
Admitted to the Bar: Texas, 1982; Colorado, 1999; U.S. District Court: Southern District of Texas, 1985; Colorado, 2006; Wyoming, 2013.
2016 Arbitrator of the Year (USA) by Lawyers Monthly
Currently serves on the AAA Large Complex Case Panel & National Energy Panel. Named as Construction Master Arbitrator and also named to the AAA’s Mega Construction Panel an elite panel of 58 construction industry professionals specialized in large-scale construction disputes.
Colorado Bar Association (Construction Law Section); Houston Bar Association (Construction Law Section, Past Chair); Center for International Legal Studies (Congress of Fellows, Charter Member); State Bar of Texas (Construction Law Section, Past Council Member; Construction Law Newsletter, Past Editor); American Bar Association (Construction Industry Forum Committee; Public Contracts Law Section; Tort and Insurance Practice Section; Advisory Panel); American Subcontractors Association of Colorado (Attorneys Counsel); AAA Construction Advisory Committee; Fellow of College of Commercial Arbitrators (Former Co-Chair of the Construction Arbitration Committee); The Roster of International Arbitrators; CPR’s Panel of Distinguished Neutrals (Construction Panel); CPR’s Energy, Oil & Gas Panel; Dispute Review Board Foundation Member; American College of e-Neutrals; Fellow of the Chartered Institute of Arbitrators (CIArb); Fellow of American College of Construction Lawyers.
University of South Florida (BA-1976); South Texas College of Law (JD-1982).
“Contracting, Drafting and Understanding the Differences Between Litigation, Arbitration, and Mediation”, January 2010; “Preserving Rights and Minimizing Risk, Part III: Project Management and Prudent Lien Waivers,” USGLASS MAGAZINE, July 2006; co-author, “Claims: Preserving Rights and Minimizing Risk, Part II: Claims Mitigation and Killer Contract Clauses,” USGLASS MAGAZINE, June 2006; Co-author, “Claims: Preserving Rights and Minimizing Risk, Part I: Developing A Contracting Policy,” USGLASS MAGAZINE, April 2006; “Preserving Construction Defect Claims,” BOULDER COUNTY BUSINESS REPORT, July 2005; “Legislative Changes Affecting Construction,” Construction Law Newsletter, Texas State Bar, Fall 1995.
Speaking Engagements: May 2016, "Alternative Dispute Resolution" at the University of Colorado School of Law Annual Construction Law Conference; April 2012, Facilitator for AAA ACE course “Maximizing Efficiency & Economy in Arbitration”; Judge, 2011 ABA National Mediation Competition; “What’s In and Not In a Contract”, May 2010, American Subcontractor Association; Co-presenter at the Glass Association of North America Annual Conference “Claims Preservation and Mitigation,” February 2006; Faculty, “Dealing with Delay Tactics,” Denver, April 2005, August 2006 and February 2010; faculty, “AAA Annual Arbitrator Update,” Denver, December 2002; presenter, “Ethics in ADR,” Denver, September 2002; presenter, “Prehearing Techniques for Expediting Arbitration Hearings,” Salzburg, Austria, June 2002; presenter, “Drafting Arbitration Clauses,” Denver, May 2002; presenter, “What Do You Do When...?,” Colorado Construction Law, Denver, January 2001; presenter, Texas State Bar Arbitration Law Course, 1998; presenter, “What Do You Do When...?,” Texas Construction Law Seminar, Houston, March 1996; presenter, “Litigation and Enforcement” and “Defenses to Liens and Bond Claims,” Construction Liens and Bond Claims in Texas seminar, Houston, February 1996.