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
• Commercial landlord/tenant disputes
• Condemnation, partition, title disputes and title insurance disputes
• Shareholder and partner disputes representing both majority and minority interests
• Business valuation disputes, including in marital divorces

In 2011, Mr. Berger was approved as a court-certified mediator for the Chancery Division's Mediation Program and the Law Division's Court-Annexed Major Case Civil Mediation Program for the Circuit Court of Cook County, Illinois. He is also an approved mediator for the 19th Judicial Circuit Court Civil Mediation Program for Lake County and McHenry County, Illinois.

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

Publications

"Trial Court's Duty to Rule on Emergency Motions When Presented," (co-author) CBA Record (September 2011)

Awards and Honors

Illinois Super Lawyers, General Litigation

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

Martindale-Hubbell — A/V Rated