Brian M. Streicher

Brian M. Streicher

PARTNER

Practice Areas:

  • Construction and Surety Law
  • Construction Litigation
  • Commercial Litigation
  • Banking Litigation, Creditors’ Rights, and Bankruptcy

Education:

  • Case Western Reserve University School of Law, J.D. 2011
  • State University of New York, College at Geneseo, B.A. magna cum laude 2008

Brian M. Streicher, Partner, is an experienced commercial litigator representing clients involved in commercial and construction disputes—sureties, contractors, design-builders, property owners, construction managers, and corporations.  This representation likewise often includes front-end construction and corporate risk management and contract counseling.  He also has extensive experience representing financial institutions in commercial and construction financing, real estate financing, and bankruptcy proceedings.  Before joining Ernstrom & Dreste, LLP, Brian practiced for seven years representing financial institutions in the dynamic market of South Florida.

Brian approaches his practice with the mindset that his job is to engineer the best solution to his clients’ issues, within the confines of the law.  With that outlook, he understands that there is not one singular path to achieving a desirable result for a client—success can be achieved through judgments in state or federal proceedings, negotiated settlements, or alternative dispute resolution forums.  Developing creative and cost-effective solutions to his clients’ legal needs is at the forefront of Brian’s style as an advocate and counselor.

Among Brian’s recent cases are a variety of subject matters and settings including these representative matters:

  • Won motion to dismiss on behalf of mechanical contractor in lawsuit by project operator seeking seizure of project materials and documents because project operator failed to pay mechanical contractor’s past due invoices and project operator’s claims were subject to mandatory arbitration.
  • In representing a developer in an LLC dissolution proceeding, successfully appealed trial court’s award of attorney’s fees to another LLC member.
  • Successfully negotiated dismissal of federal lawsuit by employees of sub-subcontractors against general contractor because claims were purely state law claims and the case lacked diversity jurisdiction.
  • Won motion to dismiss on behalf of electrical contractor being sued by school district because electrical contractor was acting as sub-subcontractor to landscaping contractor and was not in privity of contract with the school district.
  • Won summary judgment on behalf of mechanical contractor in two lawsuits brought by mesothelioma victims because mechanical contractor had no connection to plaintiff’s asbestos exposure.
  • Successfully defeated foreclosure summary judgment motion brought by lender against general contractor mechanic’s lienholder because questions of fact existed as to lender’s compliance with Lien Law requirements necessary to take priority over mechanic’s lienholders.
  • Won summary judgment of dismissal on behalf of electrical contractor being wrongly sued for validly terminating a month-to-month commercial holdover tenancy.
  • Won summary judgment on behalf of developer suing residential home purchasers for breaching construction agreement (affirmed on appeal).
  • Won default judgment on behalf of homeowner against residential contractor for defective construction in home renovation project in pro bono representation matter.
  • Successfully defeated Chapter 7 bankruptcy trustee’s objection to surety’s secured claim against bankrupt debtor/principal.

Court Admissions:

  • New York
  • Florida
  • District of Columbia
  • Ohio
  • U.S. District Court, Western, Eastern, and Northern Districts of New York
  • U.S. District Court, Southern and Middle Districts of Florida
  • U.S. Bankruptcy Court, Western, Eastern, and Northern Districts of New York
  • U.S. Bankruptcy Court, Southern and Middle Districts of Florida

Publications:

Speaking Engagements:

  • “Contracts, Costs and Compliance,” Rochester JBX (Junior Builders Exchange), March 2023
  • “Ethics: Joint Defense Agreements and the Common Interest Privilege,” Pearlman Association Annual Conference, Woodinville, Washington, September 2022
  • “Controlling Risk in Construction and Project Delivery Systems,” Construction Leadership Academy (formerly Future Construction Leaders Program), Associated General Contractors of New York State, Rochester, New York, annually May 2022 – present
  • “MWBE Laws in New York: What You Need to Know About Where We Are and Where We Are Going,” 2019 Surety Day, Surety Association of Syracuse, Syracuse, New York, November 2019

Professional Associations:

  • American Bar Association
    • Tort, Trial & Insurance Practice Section
      • Fidelity & Surety Law Committee
        • Staff Editor, triannual Newsletter (provide topic input and review of articles prior to publication)
  • Monroe County Bar Association
  • Junior Builders Exchange of Rochester (JBX), Member, Board of Directors
  • National Bond Claims Association
  • Pearlman Association
  • Surety Association of Syracuse

Recognitions:

  • Super Lawyers Rising Star (2022 – present)

Community Involvement:

  • Fourth Degree Member, Knights of Columbus
  • Bivona Child Advocacy Center
  • Isaiah House