John W. Dreste, Partner, concentrates his practice on complex commercial contract litigation, largely focusing on the fields of construction contract law, suretyship, fidelity, environmental law and other areas impacting the surety, fidelity and construction industries. Mr. Dreste's practice, though litigation oriented, involves extensive claims analysis and investigation and includes negotiation, mediation and other informal methods of dispute resolution. Additionally, he serves as a mediator and arbitrator through the American Arbitration Association in construction industry disputes.

In addition, he has lectured, and has authored various articles, on subjects pertinent to the surety and construction industries, most recently focusing on issues relating to mold in construction settings, and regularly contributes to various publications.

Mr. Dreste has handled a number of high profile matters in which E&D has been involved, including numerous multi-million dollar claims asserted by and against clients on major construction projects.  Mr. Dreste has also handled many cases in which our client was in competition with the Internal Revenue Service or an estate in bankruptcy for project contract funds. These actions resulted in the preservation and/or payment of contract funds to our clients or other appropriate project-specific recipients. In a subrogation/salvage setting, Mr. Dreste successfully pursued a "Type II" differing site condition claim that resulted from an encounter by the contractor/principal of various toxic substances during the boring of a tunnel underneath a river. Mr. Dreste also regularly defends sureties on issues involving bonds that are fraudulently induced or are otherwise unenforceable.  Also, Mr. Dreste represents various Brazilian corporations in matters that have involved railroad and oil production projects, and publicity rights, in the United States and Brazil.

Mr. Dreste regularly counsels clients and handles contractor work-outs and otherwise "troubleshoots" potential defaults or claim situations. Notable efforts have included multi-million dollar financial work-outs involving troubled contractors, sureties and banks. As a firm, we have found that prompt, aggressive and independent early investigation of problems will often mitigate the severity of any loss which may ultimately be incurred. In connection with these efforts, Mr. Dreste has dealt with environmental and other analyses as may be required to protect our clients interests.

The above illustrations are merely representative of matters or issues handled by Mr. Dreste. Mr. Dreste has represented numerous sureties, contractors, owners and others requiring expertise in complex commercial contracts and disputes.

Practice Areas:

• Construction Law
• Surety and Fidelity Law
• Alternative Dispute Resolution
• Construction Litigation
• Arbitration and Mediation
• Commercial Contract Litigation
• Environmental Litigation

Admitted to Practice:

• New York,  1985
• U.S. District Court, Northern, Southern, Eastern and Western Districts of New York
• Western District of Texas
• U.S. Court of Federal Claims
• U.S. Court of Appeals, Second Circuit and Fifth Circuit

Professional Associations:

• New York State Bar Association
• American Bar Association (Construction Litigation Committee, Litigation Section; Public Contract Law Section; Fidelity and Surety Law Committee of the Tort and Insurance Practice Section and Toxic and Hazardous Substances and Environmental Law Committee, Tort, Trial & Insurance Practice Section)
• Forum on the Construction Industry
• National Bond Claims Association