Giovanni Ruscitti is a distinguished legal professional with over 33 years of experience in construction law, complex commercial litigation and arbitration, and corporate law. He has served as an advocate, arbitrator, mediator, and project neutral throughout his career. A co-founder of Berg Hill Greenleaf & Ruscitti LLP (BHGR), he currently serves as Chairman, General Counsel, and Chair of the firm’s Construction Practice Group. As Managing Partner from 2016 to 2023, he played a key role in expanding BHGR’s national presence and establishing it as a top-tier full-service law firm with particular strength in construction law. Renowned for his strategic, innovative, and cost-effective counsel, Ruscitti represents a wide range of clients—including boards of directors, corporate executives, and major companies—in high-stakes litigation and complex transactions. He is recognized by The Best Lawyers in America® in multiple categories, including arbitration, and serves as both an arbitrator and mediator through the American Arbitration Association®. He is also a Fellow of the College of Commercial Arbitrators.
With over three decades of experience, Giovanni brings deep industry knowledge to his work as a neutral. We asked him how his background shapes his approach on the AAA Construction Panel.
Q: Tell us about your background in construction law or the construction industry.
Giovanni: I have over 33 years of experience in construction, mining, power, and energy-related matters, with a focus on complex and mega EPC projects. I’ve represented a wide range of clients—owners, developers, contractors, suppliers, insurers, and sureties—on both public and private projects. My work includes negotiating EPC and design-build contracts valued up to $2.2 billion and resolving disputes involving hundreds of millions through litigation and arbitration.
I’ve served as an advocate, arbitrator, mediator, and project neutral in disputes involving delays, disruptions, defects, indemnity, fraud, bid protests, and insurance coverage, with claim values ranging from several million dollars to $1 billion. I also advise clients on federal construction matters, including equitable adjustments, certified claims, False Claims Act defense, FAR compliance, and the Miller Act.
As lead counsel, I’ve handled major projects across industries—industrial plants, power facilities, water and waste systems, defense, healthcare, education, infrastructure, mining, oil and gas, and renewable energy. My transactional work spans P3s, EPC and design-build agreements, subcontract frameworks, and financing. In renewable energy, I’ve negotiated and litigated matters involving hydro, geothermal, wind (onshore and offshore), solar, biofuels, RNG, and hydrogen.
Q: What types of construction disputes do you typically handle as an arbitrator or mediator?
Giovanni: I routinely handle complex, multi-party construction disputes ranging from several million dollars to $1 billion. My experience includes serving as both a sole arbitrator and a panel member on domestic and international claims involving delays, disruptions, acceleration, suspension of work, defective design or specifications, differing site conditions, constructive changes, late owner-furnished materials, over-inspection, interference, terminations, subcontractor defaults, and mismanagement.
Over the course of my career, I’ve worked on a wide variety of projects across multiple industries, including vertical construction, highways and bridges, hotels, government facilities, power plants, wind and solar farms, industrial facilities, office buildings, hydroelectric plants, utilities, processing plants, water storage and treatment systems, hospitals, schools, mining operations, and oil and gas developments.
Q: What drew you to ADR work in the construction space? What do you value most about serving as a neutral on the AAA’s Health Panel?
Giovanni: The perfect construction project is a unicorn. As a result, many projects result in claims and disputes—and some of those ultimately end up in court or arbitration.
As an advocate, I became increasingly concerned with the court system’s ability to effectively and efficiently resolve complex and nuanced construction claims. Through my experience, I came to see that arbitration—particularly through the American Arbitration Association—offers a more effective path for resolving these disputes. Arbitration provides a structured, fair, efficient, and cost-effective process, especially well-suited to the complexities of construction, with fact-finders who understand the industry and its specific challenges. I saw this as a meaningful way to give back and be of service to the construction and legal communities.
Q: What advice do you have for parties preparing for arbitration or mediation in complex construction disputes?
Giovanni: In arbitration, remember that you’re presenting your case to an experienced construction professional—someone who has likely encountered your contractual, factual, legal, and expert issues before, whether as an advocate or a neutral. Present your case clearly, credibly, simply, and professionally. Use balanced experts who aren’t advocates, avoid overreaching, and don’t be afraid to acknowledge your own missteps. As I often say, there’s no such thing as a perfect construction project.
In mediation, keep in mind that it’s not a forum to “win” your case; it’s a forum to find a fair resolution that works for all parties. After we’ve had our one-on-one sessions—where you’ll have the chance to explain why you believe you would prevail at trial—it’s time to put the swords down and focus on crafting a resolution that meets everyone’s needs. When participants embrace this approach, the chances of settlement are high—my mediation success rate is well over 90%.