Practice Areas:

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

Education:

• State University of New York at Buffalo, J.D. 1984
• Rochester Institute of Technology, B.S. High Honors 1981

John W. Dreste, a founding partner of Ernstrom & Dreste, LLP, has been practicing law in the construction arena and related fields for over 35 years.  Although primarily based in the northeast, John’s career includes matters located in Alaska, across the United States, and internationally.  John’s dispute resolution experience involves a wide variety of construction matters, from hospitals and high-rise, mixed-use structures to heavy and industrial projects including tunnel boring operations, bridges, water and sewage treatment plants, and subways.  Outside the United States, John’s cases include projects ranging from Bolivia (a U.S. embassy) and Brazil (semi-submersible oil production facilities) to Jordan (a hospital outside of Amman), and prototype aircraft posted to secure underlying obligations (involving Germany and dispute resolution in London).

Recent interesting matters include:

• An effectively mediated resolution related to $60 million in total claims arising from construction of a proton beam medical facility.
• A successful alternative dispute resolution for his client involving the National Gallery of Art.
• Litigation that concluded with a favorable client outcome concerning renovations and updates to a historic theater.
• Assertion and successful first impression appellate establishment of differing site condition rights in Vermont.
• The first impression preservation of lien rights against the quasi-public, stalled construction of the planned largest Ferris wheel in the United States.

John is a leading force in the construction industry and a highly respected adversary because of his legal acumen and reputation for integrity. As his practice evolved, John recognized that early and creative resolutions to disputes typically serve his clients best, and often benefit all parties concerned.  Protracted litigation, while sometimes required, can often be avoided with an eye toward early avenues for resolution, including mediation.  John, and his fellow E&D lawyers, help clients avoid later disputes by using pre-contracting agreement reviews, together with risk analysis and related counseling. Such measures are also highly beneficial to employ before emerging issues ripen into full-fledged disputes.  John’s three-plus decades of experience allows him to reasonably predict likely outcomes to help guide clients and shape strategies for early resolution.  That knowledge and experience contributes to John’s sought-after skills as an effective, successful mediator in a wide array of construction-related disputes.

John has lectured and authored articles on subjects pertinent to the construction and associated industries. He has regularly contributed to a wide range of legal and industry publications through the years.

Court Admissions:

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

Speaking Engagements:

• “A Practical Guide to Construction Litigation from Experienced Practitioners,” Monroe County Bar Association, Rochester, New York, March 2021
• “Design Delegation,” Associated General Contractors of New York State, Virtual Construction Industry Conference, December 2020
• “Best Practices for MWBE & DBE Utilization Compliance,” Webinar, Associated General Contractors of New York State, October 2015
• “Construction Defect Disputes & Litigation; Exclusions: Court Interpretation and Litigation Strategy; Litigating the Construction Defect Claim: Coverage vs. Liability,” National Business Institute, Rochester, New York, December 2015

Noteworthy Reported Cases:

• Eastern Exterior Wall Systems, Inc. v. Gilbane Building Company, 2023 WL 7003796 (NDNY 2023) (court confirms litigation over arbitration despite asserted presumption of arbitrability)
• Gilbane Building Company v. New York Wheel LLC, 66 Misc 3d 1214(A) (Sup Ct, Richmond County 2020) (project owner may also be “contractor” for purposes of Lien Law trust fund provisions)
• LeChase Constr. Servs. LLC v. Escobar Construction, Inc., 2019 WL 2743637 (NDNY 2019) (abandonment of project constitutes breach of contract barring subsequent claims by subcontractor)
• W.M. Schultz Construction, Inc. v. Vermont Agency of Transportation, 209 Vt 146, 203 A3d 1205 (2018) (established recognition of differing site condition doctrine in Vermont)
• W.M. Schultz Construction., Inc. v. Musolino, 47 AD3d 1259 (3d Dept 2017) (limited state labor department’s effort to expand prevailing wage to private project)
• CNP Mechanical, Inc. v. Allied Builders, Inc., 84 AD3d 1748 (4th Dept 2011) (subcontractor recovery limited to what prime collects from owner)
• ECOR Solutions, Inc. v. Malcolm Pirnie, Inc., 2009 WL 2424553 (NDNY 2009) aff’d, 2009 WL 2424552 (NDNY 2009)(recognized contractor’s right to directly claim against owner’s design professional)
• Westbank Contracting, Inc. v. Rondout Valley Central School District, 21 Misc 3d 1135A (Sup Ct, Ulster County 2007)(non-payment is always a material breach)
• RLI Insurance Co. v. New York State Department of Labor, 97 NY2d 256 (2002)(performance surety’s subrogation rights take precedence over agency cross-witholding)
• Reliance Insurance Co. v. County of Monroe, 198 AD2d 871 (4th Dept 1993) (recognition that hazardous substances are Type II differing conditions)

Professional Associations:

• New York State Bar Association
• Vermont State Bar Association
• American Bar Association
  • Litigation Section
    • Construction Litigation Committee
  • Public Contract Law Section
  • Tort, Trial & Insurance Practice Section
    • Fidelity & Surety Law Committee
    • Toxic Torts & Environmental Law Committee
  • Forum on Construction Law
• National Bond Claims Association
• Defense Research Institute (DRI)
• Construction Lawyers Society of America

Recognitions:

• Best Lawyers® 2021 Litigation – Construction “Lawyer of the Year” in Rochester, NY
• Fellow, Construction Lawyers Society of America
• Martindale.com; AV Preeminent Rating, Judicial Edition
  • highest possible rating in both legal ability and ethical standards, reflecting confidential opinions of members of the Bar and Judiciary
• Super Lawyers; Upstate New York; Construction Litigation (2012-present)
• Rochester Business Journal/Best Lawyers