Drawing on his experience managing his family’s contracting business, as well as a civil engineering degree, Brian Lustbader brings a unique business, technical, and legal perspective to his construction law practice. Whether he is working on construction contract drafting and negotiation; alternative dispute resolution, including mediation and arbitration; or general litigation, Brian’s sharp writing and negotiation skills allow him to provide maximum value to his clients during all phases of a construction project. He has successfully resolved through mediation numerous construction disputes that had been hopelessly mired in litigation.
Brian primarily represents owners and developers, although he has also acted as counsel for architects, engineers, contractors, and subcontractors. His experience as a contractor informs his representation of construction clients, having developed a deep understanding of the process from both sides.
Brian also has comprehensive experience with assisting clients in protecting or gaining access to neighboring properties during construction, an increasingly vital skill set, given the high-density nature of construction in New York. When he is working with license agreements, Brian’s level-headed and systematic approach allows him to effectively work with all parties in order to achieve the client’s desired result.
As co-chair of the New York State Bar Association Real Estate Construction Committee, Brian oversaw the preparation of an owner-oriented rider to the AIA A107 Contractor Agreement form and is currently preparing an owner-oriented rider to the AIA B104 Architect Agreement form.