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Andrew E. Berman


Andrew E. Berman has been specializing in construction defect litigation for over 30 years and has tried numerous construction defect lawsuits to successful verdict.

Mr. Berman has been a recipient of the Super Lawyers recognition for the years of 2016 through 2023, a distinction that is only given to 5% of those attorneys nominated.  

Mr. Berman is also a recipient of the Best of the Bar by the San Diego Business Journal in Construction Defect and Civil Litigation; he is Top Rated in both Construction Law and Litigation for Ethics and Legal Ability by Martindale-Hubbell; rated as a Top Attorney in San Diego by Los Angeles Magazine for 2016, as well as a Top Attorney in San Diego by San Diego Magazine for 2017.  

Mr. Berman believes that Massie Berman Flury is different in many important respects from other firms in that he prides himself on running a trial firm that specializes in construction defect litigation and not a construction defect firm that simply processes numerous cases with quick settlements in mind.  Mr. Berman's entire focus is to develop each case with the expectation that it will go to trial because it is only by having a proven track record of actually trying cases before a judge and a jury does an attorney maximize settlement prospects for his client.  When Massie Berman Flury takes on a case, Mr. Berman expects to go to trial and he personally develops the case accordingly.  

By way of background, in 1986, Mr. Berman graduated Cum Laude from Arizona State University with a Bachelor of Science degree in real estate.  After graduating from Arizona State University, Mr. Berman was involved in the real estate industry appraising commercial properties.  Mr. Berman then attended the University of San Diego School of Law where he was on Law Review an again graduated Cum Laude with a Juris Doctor degree in 1989.  

After becoming a member of the California Bar in 1989, Mr. Berman joined the law firm of Mitchell, Keeney, Barry & Pike, where he practiced real estate and business law.  In 1990, Mr. Berman joined McInnis, Fitzgerald, Rees, Sharkey & McIntyre, which at the time was one of the oldest and largest law firms in San Diego.  Mr. Berman practiced with McInnis, Fitzgerald, Rees, Sharkey & McIntyre until leaving the firm in 1994 to form his present firm.  

Prior to forming his own firm, Mr. Berman represented developers, subcontractors and design professionals in construction defect cases and insurance carriers in declaratory relief actions concerning coverage on underlying construction defect cases.  From this experience, Mr. Berman gained valuable knowledge regarding insurance coverage issues and defense strategies.  

Since forming Massie Berman Flury almost 30 years ago, Mr. Berman has been actively involved in prosecuting construction defect cases, as well as prosecuting complex business tort cases.  Mr. Berman has successfully represented homeowner associations on projects ranging in size from 12 units to over 300 units, and from two-story buildings to buildings over 40 stories in height.  He has also represented homeowner associations on newly constructed projects, condominium conversions and historic buildings.  

Mr. Berman has personally recovered tens of millions of dollars for his clients through a combination of settlements and trial verdicts.  A unique aspect to Massie Berman Flury is that it is often asked to work with its association clients in the implementation of the appropriate repairs upon completion of the litigation.  

Mr. Berman believes in client involvement.  He believes that an informed and involved client is better able to make difficult decisions and is more pleased with the eventual resolution of the case.  As a result, Mr. Berman is proud to be able to provide all potential clients with a comprehensive list of former clients with whom to speak and discuss their experiences with Mr. Berman.  

One of the significant differences between Mr. Berman and other firms is personal attention.  When Mr. Berman represents a client, he is personally involved in all facts of that representation.  

Mr. Berman is a past lecturer at Recent Developments in Real Estate and Construction Litigation and a member of the San Diego County Bar Association.  As a trial lawyer, Mr. Berman has tried multiple cases to jury verdict and has had his decisions published in the San Diego Union Tribune, the San Diego Daily Transcript and the Los Angeles Daily Journal.  

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