Attorneys Anita Di Gioia and Ben Berger each have more than 15 years experience representing Design Professionals, Owners, Contractors and others in all types of construction matters. From business formation to contract negotiation, dispute resolution and everything in between, Attorneys Di Gioia and Berger are capable of assisting their clients at all phases of the construction process. Before the first sketch is drawn or the first nail hammered, Di Gioia Berger is available to counsel its clients to navigate a complex and evolving industry.
It is an unfortunate reality of the building process that disagreements arise in the course of many projects. Di Gioia Berger stands ready to provide counseling during those disputes and aid the parties in reaching an amicable resolution. But when negotiations fail, Anita Di Gioia and Ben Berger are prepared to file suit, initiate arbitration or lodge mechanic’s liens to protect their clients’ rights.
Both Attorneys Di Gioia and Berger are members of the Executive Committee of the Connecticut Bar Association’s Construction Section. They have represented clients in construction disputes ranging from a few thousand dollars to claims valued in the tens of millions. Regardless of the value of your project or claim, Anita and Ben have the knowledge and background to assist you.
Attorneys Anita Di Gioia and Ben Berger have represented clients in State and Federal Courts in Connecticut, Massachusetts and New York. Both have successfully tried cases to verdict in front of both juries and judges, arbitrated in multiple venues and guided their clients through mediation and alternative dispute resolution. Di Gioia Berger recognizes that court is often the forum of last resort, but when litigation is required they are prepared and ready to fully prosecute their clients’ claims and advocate for their rights. Anita and Ben are skilled advocates who understand the adversarial system and are willing to fight for their clients at every step of the process.
Representative matters include Ben’s successful defense through verdict of two out-of-state companies in a multi-million dollar lawsuit in Federal Court brought by a Connecticut Corporation. The dispute centered on a variety of commercial, business, franchise and construction issues that arose following the disintegration of formerly profitable business relationship. After three years of hotly contested litigation, including multiple days of trial, the court found in favor of Ben’s clients and entered judgement in their favor on all counts.
Ben also successfully prosecuted a subrogation action on behalf of an insurance company stemming from the collapse of a commercial greenhouse operation in Northeastern Connecticut. That verdict was successfully upheld on appeal and included issues of engineering, design and the UCC. Likewise, Anita successfully defended and won a 5 week construction delay claim in Connecticut state court – a case involving significant complicated issues and law.
Di Gioia Berger recognizes that all businesses, whether they are at the earliest stages of development or are mature enterprises considering transition to a new generation of ownership, have unique and important legal needs. Attorneys Di Gioia and Berger are dedicated to working with you at any phase of the business cycle to evaluate your needs and provide counsel to assist your business in navigating whatever lies ahead. Di Gioia Berger can assist you with business formation, contract drafting, licensing, employment concerns and more. Attorneys Di Gioia and Berger often serve simply as sounding boards for their business clients, serving as “general counsel” by providing guidance and advice as issues and concerns arise in the regular course of business operation.
As experienced litigators, Attorneys Di Gioia and Berger recognize the perils of the traditional dispute resolution process. Uncertain outcomes, significant expense and long time horizons often leave parties looking for a better way to resolve disputes. More and more, counsel and opposing parties are turning to mediation as a cost-effective and efficient form of dispute resolution.
Whether alone or working in tandem through their “dual mediator” approach, Anita and Ben are ready to provide mediation services. They recognize that any dispute is of vital importance to the involved parties and are able to provide the necessary combination of listening, understanding and forcefulness required to bring parties to an agreeable resolution. Private mediation allows parties the maximum level of confidentiality, flexibility and privacy and Attorneys Di Gioia and Berger are willing to work with all parties to create a mediation process unique to their situation.
Anita Di Gioia
Attorney Anita Di Gioia has extensive experience handling claims against architects, engineers, land surveyors and contractors, which have ranged in value from $10,000 to $30 million.
The construction and design claims that she has handled have included complex and complicated legal and factual issues related to allegations of deficient design and construction, delays, mechanics’ liens and cost overruns.
She has handled a wide variety of general commercial litigation matters outside the construction arena as well, including insurance coverage and extra-contractual liability claims, breach of contract claims, business tort claims, sale of goods litigation, and other types of professional malpractice defense claims, such as defending appraisers.
Anita graduated from Tulane University School of Law in 1997 magna cum laude and graduated from Siena College in 1994 magna cum laude. She was a member of the Tulane Law Review and the Tulane Order of the Coif. She achieved high honors every semester of college at Siena.
Anita clerked for the Honorable Steven R. Plotkin of the Louisiana Fourth Circuit Court of Appeal from 1997-1999.
Prior to starting her own practice, she was a partner at the Hartford office of a regional law firm where she handled construction and design professional malpractice claims as well as other types of litigation. She is admitted to practice in Connecticut, New York and Louisiana.
Prior to forming Di Gioia Berger, Ben was a shareholder and Vice President at Updike, Kelly & Spellacy, a Connecticut Law Firm with more than 50 attorneys. He has tried a range of cases to verdict in the arenas of construction, subrogation and general commercial litigation. He has also conducted numerous arbitrations and mediations on behalf of his clients. Ben also devotes substantial portions of his practice to the avoidance of litigation and risk management, by working closely with his clients on pre-litigation and claim prevention strategies.
Ben is a member of the Connecticut Bar Association and the Hartford County Bar Association. He serves on the Executive Committee of the Connecticut Bar Association’s Construction Law Section. He is admitted to practice in the State of Connecticut, the U.S. District Court, District of Connecticut and the Commonwealth of Massachusetts. Ben has been a presenter to the National Federation of Paralegal Associations’ Annual Meeting on the subject of “Experts and Evidence.” He is the former co-chair of the Construction Section of the Connecticut Bar Association’s Young Lawyers’ Committee, and has been a participant in the Hartford College Construction Institute.
Ben obtained his J.D. from Boston University School of Law in 2002. He graduated with honors in his Concentration in Litigation and Dispute Resolution. He received a B.A. from Franklin & Marshall College in 1999. He earned recognition through acceptance to the Phi Alpha Theta International History Society and as Class Secretary/Treasurer in 1996/1997. Mr. Berger was a four year varsity letter winner in soccer and was an officer and rush chairman in the Alpha Sigma Phi Fraternity. Ben resides in Simsbury and is a Vice President on the Board of the Simsbury Soccer Club.