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Michelle Berger

Partner

Spencer Fane attorney Michelle Berger

T 303.839.3790
F 303.839.3838
mberger@spencerfane.com


Michelle Berger combines her legal and engineering experience to provide clients with effective solutions to help keep complex construction and development projects on schedule and on budget.

Involved in the construction industry for more than 25 years, Michelle focuses her practice on all aspects of engineering and construction law, working closely with clients to facilitate timely resolutions of legal matters with maximum results. She has an extensive track record of success representing engineering firms and construction companies of all sizes as outside general counsel and bridging the gap between concept and project completion, handling contract drafting and negotiation, navigating mechanic’s liens, leading traditional and alternative dispute resolution processes, resolving employment and contract disputes, and establishing and monitoring risk management and insurance protocols.

Michelle is also a civil engineer and previously served as general counsel for a midsize construction contractor, giving her unique insight into the issues facing her clients. In that role, she was responsible for all legal, insurance and compliance issues, including owner- and project-specific prequalification submissions; contract review, drafting, and negotiation; disputes and claim management; employment and hiring issue resolution; establishment and monitoring of risk management and insurance protocols, including general liability, auto and worker’s compensation claims; and management of litigation using outside counsel and engineering experts.

As land use counsel, Michelle helps property owners and developers navigate land use and building codes to create the projects of their dreams. Whether researching and providing an analysis of existing property zoning and entitlements, or representing clients before various boards and commissions regarding land use applications for new entitlements, Michelle always brings to bear her detail-oriented, analytic approach to achieve maximum results for her clients.

Highlights of Michelle’s experience include:

  • Represented a major construction materials supplier in successfully obtaining a highly contested land use entitlement for a gravel mining operation in an urban-rural buffer corridor.
  • Representing a construction contractor in an administrative proceeding against a municipality, Michelle negotiated a settlement of multiple contract claims in excess of $1.2 million and a waiver of all liquidated damages.

Presentations and Publications

  • “Continuing Contractor Concerns Amid Relaxing COVID-19 Restrictions”, April 2020
  • “Protecting The Owner and The Project: Insurance and Bonding Issues in Construction”, June 2016
  • “Construction Contract Essentials”, June 2015

Community Involvement

  • University of Denver Sturm College of Law Professional Mentoring Program, Mentor
  • CCA/CDOT Alternative Dispute Resolution Task Force, Industry Representative
  • CCA/CDOT Industry Relations Task Force, Industry Representative

Memberships

  • Colorado Bar Association
    • Construction Law Section
    • Real Estate Section
  • Denver Bar Association
  • Colorado Contractors Association (CCA)
  • CCA Associate Council, Member (2015-2016)

Distinctions

  • AGC/CCA Women in Construction Waymaker (2021)
  • Order of St. Ives
  • American Jurisprudence Awards; Administrative Law, Corporations
  • Tau Beta Pi Association

Contact Michelle Berger at 303.839.3790 or mberger@spencerfane.com.