Brian Lustbader

Brian George Lustbader understands construction law from the inside out. With experience managing his family’s contracting business, as well as a civil engineering degree and decades of experience in construction law, Brian brings a unique perspective of business, technical and legal acumen.

Brian concentrates his practice in construction contract drafting and negotiation; alternative dispute resolution, including mediation and arbitration; and general litigation. His 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 mired in litigation.

Brian primarily represents owners and developers, though he has acted as counsel for architects, engineers, and contractors and subcontractors as well. His experience as a contractor informs his representation of  construction clients, since he understands the process from both sides of the fence.

Brian also has comprehensive experience assisting clients in protecting or gaining access to neighboring properties during construction. He notes that, given the high-density nature of construction in New York, this has become a hot-button issue. When working with license agreements, Brian brings a level-headed and systematic approach to assisting his clients, which allows him to effectively work with all parties toward the client’s desired result.

As co-chair of the New York State Bar Association Real Estate Construction Committee, Brian has overseen 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.

EDUCATION:

• Columbia Law School, J.D., 1978
• Massachusetts Institute of Technology, B.S., 1975

BAR ADMISSIONS:

• New York
• U.S. District Court for the Eastern District of New York
• U.S. District Court for the Southern District of New York

PROFESSIONAL MEMBERSHIPS:

• American Bar Association, Dispute Resolution Section, Mediation Committee, Arbitration Committee, ADR Practice Management, Business & Skills Development Committee, Forum on Construction Law, Contracts Documents Division, Project Delivery Systems Division, Dispute Avoidance & Resolution Division, Litigation Section, Alternative Dispute Resolution Committee Construction Litigation Committee, Real Estate Litigation and Condemnation Committee, Owners & Lenders Division Committee
• Construction Management Association of America, Legal Counsel Committee
• New York County Lawyers Association, Construction Law Committee
• New York State Bar Association, Commercial and Federal Litigation Section, Real Estate Section, Co-Chair, Construction Law Committee