About
Brian Berger's practice focuses primarily on construction and civil litigation. He has experience handling multi-party construction defect cases, nonpayment claims, complex business disputes, and personal injury lawsuits. In addition, Brian analyzes contracts for commercial construction companies and advises them on how to avoid or minimize legal risks associated with large-scale construction projects.
Brian also has experience filing mechanic's liens under the Texas Property Code and was lead negotiator on a multimillion-dollar settlement involving the bankruptcy of an international industrial construction project.
Representative Matters
- Multi-party construction defect cases and nonpayment claims
- Lead negotiator on multimillion-dollar settlement in international industrial construction bankruptcy
- Mechanic's lien filings under the Texas Property Code
- Complex business disputes and personal injury lawsuits
Publications & Speaking
- "The Importance of Being Injured: A Potential Problem With Third-Party Causes of Action in Texas Construction Defect Cases", Construction Law Journal, Summer 2019
- "Conditions Precedent", Central Texas Subcontractors Association, Annual Construction Law Conference for Subcontractors, October 16, 2019
- "The Professional Responsibility of Lawyers and the Financial Crisis", Review of Banking & Financial Law, 2011
Related insights
All insightsConstruction Law ·
Texas Construction Defect Claims: Certificates of Merit, RCLA Notice, and the Statute of Repose
Three procedural rules decide a large share of Texas construction defect cases before anyone reaches the merits: the certificate of merit for claims against design professionals, presuit notice for residential claims, and the ten-year statute of repose.
Commercial Litigation · 11 min read
Two Years, Presumed Reasonable: Tennessee's New Noncompete Framework and the $70,000 Floor
On May 7, 2026, Governor Bill Lee signed House Bill 1034, enacting Tennessee Code Annotated §§ 50-1-210 and 50-1-211 — Tennessee's first noncompete statute outside healthcare. Effective July 1, 2026, the law installs rebuttable presumptions that two-year employee noncompetes are reasonable, bans noncompetes for workers earning under $70,000, and quietly shifts the burden of proof in enforcement litigation.
Commercial Litigation · 6 min read
Tennessee Supreme Court Rules: No Prejudgment Interest in UM Personal Injury Actions — A Victory for Our Client
In a significant decision filed May 12, 2026, the Tennessee Supreme Court reversed the Court of Appeals in Haddon v. Vanlier, holding that prejudgment interest is unavailable in personal injury actions defended by uninsured motorist carriers. Johnson Evans & Headrick represented Auto-Owners Insurance Company and prevailed.