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Jay M. Berger



500 Woodward Ave
Suite 3500
Detroit, MI 48226
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Fax: 313.309.6815
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J.D., magna cum laude, Wayne State University Law School, Detroit, Michigan, 1999
B.A., With high honors, Michigan State University, East Lansing, Michigan, 1996
State Bar Licenses
Court Admissions
U.S. District Ct., E.D. of Michigan
U.S. District Ct., W.D. of Michigan
U.S. Court of Appeals, 6th Circuit
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Jay M. Berger


Jay M. Berger is a Member with Clark Hill in the Detroit office. Jay practices extensively in the areas of construction law and commercial contract disputes. He has represented both public and private owners, design professionals, general contractors, construction managers and subcontractors/suppliers in matters ranging from defect, delay, disruption, acceleration, and unforeseen site condition claims, including extensive work in surety, lien and insurance law. 

Jay received a B.A. from Michigan State University (with high honors, 1996) and his J.D. from Wayne State University Law School (magna cum laude, 1999). While attending law school, he was Assistant Editor of Wayne Law Review. He is a member of the Order of the Coif. 

Jay is a member of the State Bar of Michigan, the American Bar Association (including the Forum on the Construction Industry), and was named a 2013 Top Lawyer by dbusiness magazine. He is admitted to practice in the Michigan courts, the U.S. District Courts for the Eastern and Western Districts, as well as the Sixth Circuit Court of Appeals. 

Jay is the lead and coordinating author of the Michigan Construction Law Manual (Thomson Reuters/West), a comprehensive treatise covering all of Michigan construction law. Jay is a contributing editor to the Michigan portions of “Fifty State Construction Lien and Bond Law” and “State-By-State Guide to Construction Contracts and Claims,” published by Aspen Publishers. He is also a frequent lecturer for construction and commercial related topics and issues. 

Representative Publications 

  • Michigan Construction Law Manual – Lead and Coordinating Author (Thomson Reuters/West Publishing) 
  • Fifty State Construction Lien and Bond Law (Aspen Publishing) 
  • State-By-State Guide to Construction Contracts and Claims (Aspen Publishing) 

Representative Presentations 

  • “The Injustice of Expanding Unjust Enrichment: A Discussion of the Expansion of Equitable Claims by Subcontractors and Suppliers” (ABA Construction Law Forum – April 25, 2008) 
  • “Recent Developments & Trends in Michigan Construction Lien Laws” (MACPA Construction Industry Conference – October 30, 2007) 
  • “What To Do When Construction Projects Go Bad in Michigan” (Lorman – August 22, 2006) 
  • “The Fundamentals of Construction Contracts” (Lorman – December 9, 2004)
American Bar Association (Forum on the Construction Industry)
State Bar of Michigan
Michigan Association of Certified Public Accountants (Construction Task Force)
Michigan Super Lawyers (Rising Star) 2008-2010