Robert I. Berger

Partner

 Robert I. Berger is an experienced commercial litigator with a focus on all manner of real estate disputes.

His practice includes the prosecution and defense of

• Complex mortgage foreclosure and lender liability suits
• Construction disputes, including prosecution and defense of mechanic's lien claims and contractor liability actions for defective work
• Landlord/tenant disputes
• Condemnation, partition and title disputes
• Shareholder and partner disputes representing both majority and minority interests
• Business valuation disputes, including in marital divorces

Experience

• A real estate investment company in defending foreclosure of $123 million mortgage loan on a 692-room hotel
• A real estate investment company in defending foreclosures of $121 million and $85 million mortgage loans on high-rise office buildings
• A bank in foreclosing a $63 million industrial revenue bond mortgage loan and defending $12 million in mechanic's lien claims on a 593-unit high-rise apartment building
• A bank in foreclosing a $25 million mortgage loan and personal guaranty on property the owners planned to develop into the world's tallest office building
• A pension fund in foreclosing mortgage loans totaling $25 million on 161-room hotel
• An owner in successfully defending against a foreclosure brought by an insurance company of an $18 million mortgage loan on multiple office buildings
• A real estate investment company in foreclosing a $6.5 million mortgage loan on two high-rise apartment buildings
• A bank in foreclosing a $4.8 million mortgage loan on a 111 single-family residential housing development
• A real estate investment company in foreclosing on a $3.5 million mortgage loan on retail shopping center
• A bank in foreclosing a $2.5 million industrial revenue bond mortgage loan on industrial property
• A second mortgage lender in successful foreclosure, bankruptcy and defense of mechanics lien with respect to $4.5 million mortgage on a high-rise to be sold for redevelopment
• An owner on workout of $8 million mortgage on office plaza
• An owner on successful workout of foreclosure of a $8.5 million mortgage with personal guaranties on shopping center

• A construction manager in a $600,000 mechanic's lien claim against the owners and in defense of claims of faulty construction of a multi-phase development of single family homes in Glen Ellyn, Ill.
• An architect in claim for non-payment of contract and in defense of claims of faulty construction of a congregate care housing facility in Naperville, Ill.
• The general contractor/architect in foreclosing on $2.1 million of mechanic's lien claims and in defense of claims of faulty construction of 2-story office building in Northbrook, Ill.
• A lender/owner against a general contractor for faulty construction of a luxury 20-unit condominium building in Chicago
• The owner in a $300,000 lawsuit against the architect for faulty roof design of a 550 room, 12-story hotel in Rosemont, Ill.
• The owner in a $3.0 million lawsuit against the general contractor and architect for faulty exterior brickwork on a 27-story hotel addition built adjacent to an existing hotel in Chicago
• A window manufacturing company against class action claims brought by 180 homeowners claiming defective design and manufacture of windows in subdivision located in Algonquin, Ill.
• A municipality in defense of non-payment to steel subcontractor because of delays and brought claims for faulty installation of structural steel in connection with the construction of an arts center
• A municipality in defense of non-payment of $900,000 to a general contractor for delays and faulty construction and for claims of delay damages against the general contractor in connection with the construction of a public improvement
• A window manufacturer in a claim against a sealant manufacturer for defective sealant used in manufacturing over half a million thermopane windows
• A municipality in defense of a $12 million claim for unforeseen conditions in connection with an underground sewer project
  

Awards and Honors

Leading Lawyer — Commercial Litigation; Construction Law, Illinois Leading Lawyers Network

AV Peer Review Rated, Martindale-Hubbell

Education

Professional Memberships

American Bar Association

Illinois State Bar Association

Chicago Bar Association