Brian A. Shue

Partner

  • Brian A. Shue
  • Phone: +1 212 471 4719

    Brian A. Shue - LinkedIn Import to Address Book

  • Duane Morris LLP
    1540 Broadway
    New York, NY 10036-4086
    USA
  • Duane Morris LLP
    230 Park Avenue, Suite 1130
    New York, NY 10169-0079
    USA

Brian A. Shue serves as a team lead of the firm's Construction and Engineering industry group. He practices in the area of construction law. Clients rely on Mr. Shue for not only his strong legal advice, but also for the practical real-world advice he provides, having worked directly in the construction industry.

Mr. Shue drafts and negotiates construction agreements, architect and engineer agreements, trade contracts/subcontracts and license agreements on behalf of developers, contractors and design professionals. As a complement to his transactional practice, Mr. Shue also assists clients in disputes arising from public and private construction projects and has prepared pleadings and motions and coordinated pretrial discovery in complex litigations. He advises on the resolution of construction disputes through litigation, arbitration and mediation. Mr. Shue's experience in this regard extends to construction defect claims, delay and disruption claims, change order and extra work claims, warranty claims, property damage, insurance and surety bonding issues, mechanic's liens, default/termination and other related matters. Representative projects include: stadiums, courthouses, infrastructure/transportation facilities, hospitals, institutional buildings, schools, manufacturing facilities, hotels and high-rise commercial and residential buildings.

Mr. Shue has been directly involved in some of the largest and most iconic development projects in New York metropolitan area including, for example: the Hudson Yards Redevelopment, Columbia University's Manhattanville expansion, World Trade Center Office Towers and Essex Crossing.

Mr. Shue has also been directly involved in many construction projects on behalf of a sports franchise owner, including a large-scale renovation of Hard Rock Stadium renovation in 2017, Miami Open Tennis project in 2018, Miami Dolphins Training Facility in 2019 and a Formula 1 Racetrack in 2019. Mr. Shue strong presence in Florida extends to other projects such as, for example, his involvement in the design and construction agreements for CityPlace/Rosemary Square in West Palm Beach, Florida.

Prior to practicing law, Mr. Shue worked at Turner Construction Company, one of the nation's leading builders, and brings to the firm extensive knowledge and understanding of the construction industry. He held various positions in the industry including estimator, superintendent and purchasing manager. During his time at Turner, Mr. Shue was directly involved in the construction of many projects, including Miami International Airport, The Bath Club, Akoya Condominium and Florida International School of Law, as well as numerous office build-outs for clients such as Verizon and Club Med.

Mr. Shue's practice also includes representation of construction managers, general contractors and design-build contractors. He is routinely engaged by such entities to assist with drafting and negotiation of construction agreements, dispute resolution and to provide day-to-day construction advice.

Mr. Shue is a 2010 graduate of Florida International University College of Law, where he was senior staff editor of the Florida International University Law Review, and earned a Bachelor of Architecture degree from Princeton University.

Areas of Practice

  • Construction Law
  • Alternative Dispute Resolution
  • Project Finance, Documentation and Negotiation
  • Claim Avoidance

Representative Matters

    Transactional

  • Represented Taconic Investment Partners in the negotiation and execution of an agreement with the City of New York to identify, plan, build, open and operate a COVID-19 vaccination hub at Essex Crossing, on the Lower East Side.

  • Representing St. Michael’s Home, a long-term care facility for the Greek Orthodox community in Yonkers, New York, in connection with drafting and negotiating design and construction agreements and providing advice regarding the development, construction and conversion of an existing seminary/school to an assisted living and independent living facility on an 11.3-acre site with 91 units and 147 beds.

  • Representation of a sports franchise owner in drafting and negotiating design and construction agreements for the “Hard Rock Stadium Modernization and Renovation Project” that was completed in 2017 with construction costs exceeding $600 million, the “South Video Wall Project” that was completed in 2018 with construction costs exceeding $5 million, and the “Broadcast, IT, Sound System, Security Infrastructure, Cabling and Termination Design/Build Project” that was completed in 2018 with construction costs that exceeded $4 million.

  • Representation of a sports franchise owner in drafting and negotiating design and construction agreements for the “Training Facility” project that recently broke ground in 2019 with construction costs expected to exceed $110 million.

  • Representation of a sports franchise owner in drafting and negotiating design and construction agreements for the “Formula 1 Racetrack Project” that commenced in 2019 with construction costs expected to exceed $80 million.

  • Representation of a sports franchise owner in drafting and negotiating design and construction agreements for the “Miami Open Tennis Project” that was completed in 2018 with construction costs exceeding $52 million, and a change order for Hard Rock Stadium interior renovations that exceeded $13 million.

  • Representation of a sports franchise owner in drafting and negotiating design and construction agreements for the “Gondola Project” that commenced in 2019 with construction costs expected to exceed $3 million.

  • Representation of a developer in drafting and negotiating many design and construction agreements for The Hudson Yards Redevelopment Project, which includes the construction of approximately 16 skyscrapers containing more than 12,700,000 square feet of new office, residential and retail space. Such transactional advice included representation of the developer in drafting and negotiating a design/build contract for the design, development and construction of a steel platform and certain related improvements and foundations over an active rail yard used by the Long Island Rail Road Company, which served to provide the square footage necessary for the new retail office and residential space above.

  • Representation of a developer in drafting and negotiating design and construction agreements with Amtrak, The Long Island Rail Road Company and the Metropolitan Transportation Authority involving the Gateway Tunnel Project, which involves the construction of concrete casing to accommodate two new rail tunnels into Penn Station between Newark, New Jersey and New York City.

  • Representation of Columbia University in drafting and negotiating design and construction agreements for a 17-acre project including 6.8 million square feet of space for teaching, research, underground parking and support facilities. Brian was involved with the construction of the Columbia Business School, Jerome L. Green Science Center and School of Nursing.

  • Represented a developer in drafting and negotiating design and construction agreements for the Essex Crossing Project, which is a 6 acre mixed-use development project across 9 city blocks with construction costs in excess of $1.1 billion.

  • Representation of a developer in drafting and negotiating design and construction agreements for 311 West 42nd Street, which is a 350,000 square-foot mixed-use residential building with 300 apartments near Hell’s Kitchen and Times Square with construction costs in excess of $250 million.

  • Representation of a Philadelphia-based developer in drafting and negotiating design and construction agreements for 25 Kent Ave., which is the first new office development project in Brooklyn in over 40 years with construction costs in excess of $140 million.

  • Representation of a developer in drafting and negotiating design and construction agreements for 42 Trinity Place, which is a 42-story skyscraper in New York’s financial district with construction costs in excess of $200 million.

  • Representation of a developer in drafting and negotiating design and construction agreements for One Clinton Street, which is a mixed use residential building that also houses the Brooklyn Public Library on the ground floor with construction costs in excess of $480 million.

  • Representation of a movie and television production studio in drafting and negotiating design and construction agreements for “Production Studios O and N”, which includes multiple television and movie studios currently used to film Sesame Place, Orange is the New Black and The Affair, with construction costs in excess of $40 million.

  • Representation of a school in drafting and negotiating design and construction agreements for “School Expansion Project”, which includes a two-story addition to an existing structure, with construction costs in excess of $120 million.

  • Representation of a developer in drafting and negotiating design and construction agreements for Hahne & Co. Redevelopment Project, which includes the re-development of an iconic department store building into 160 residential units, Whole Foods, and community space, with construction costs in excess of $175 million.

  • Representation of a developer in drafting and negotiating design and construction agreements to develop and construct a residential development of approximately 185,000 square feet comprising of a 22-floor high end residential building and one below grade cellar level located at 514-520 West 28th Street New York with construction costs in excess of $450 million.

  • Representation of a property owner in drafting and negotiating a license agreement with an adjacent developer to install scaffolding, roof protection, vibration monitors, crack monitors and other safety devices.

  • Representation of a developer in the acquisition of land, and the drafting and negotiation of a design/build agreement for the construction of a curtain wall manufacturing facility in Chichester, Pennsylvania.

  • Representation of a Brooklyn-based worldwide leader in greenhouse grown agriculture in the design and construction of several 100,000 square foot greenhouse projects in Rhode Island, Illinois, Maryland, California, New York and Colorado.

    • Dispute Resolution

  • Represented a developer in securing the replacement of over 20,000 defective exterior stone facade panels on a 50-story New York high-rise condominium; the construction manager will, at its own cost and at no cost to the client, procure and install an entirely new building facade, and the client will receive the majority of the remaining proceeds of a performance bond provided by the initial facade contractor. The transaction also included negotiations with the project lenders, the New York City Department of Buildings, and the New York City School Construction Authority.

  • Obtained dismissal, on behalf of Columbia University, of more than $10 million in subsurface conditions claims, which concerned the construction of slurry walls and foundations by a joint venture comprised of E.E. Cruz and Nicholson Construction on the Mind Brain Building at Columbia's Manhattanville campus.

  • Representation of a contractor against construction defect claims, delay/disruption claims, surety bond claims and non-payment claims involving the construction of a project for the Metropolitan Transportation Authority involving excavation, mining and lining of a vertical shaft, inclined tunnels and the construction of a ventilation building for a subway station at the intersection of 34th Street and 11th Avenue in New York.

  • Representation of a university against claims brought by a subcontractor involving collapsed slurry wall panels, petroleum contaminated soil, and delay claims.

  • Representation of a contractor on a condominium project against litigation with the developer, subcontractors and condominium association involving construction defect and condominium warranty claims in Miami, Florida.

  • Representation of a contractor against construction defect claims brought by the Miami Dade Water & Sewer Department involving alleged defects in rubber lining within newly installed sewer pipes.

Admissions

  • New York
  • New Jersey
  • Pennsylvania
  • Florida
  • U.S. District Court for the Southern District of Florida

Education

  • Florida International University College of Law, J.D., 2010
    - Senior Staff Editor, Florida International University Law Review
  • Princeton University, Bachelor of Architecture, 2006

Experience

  • Duane Morris LLP
    - Partner, 2020-present
    - Associate, 2013-2019
  • Peckar & Abramson
    - Associate, 2011-2013
  • Turner Construction Company
    - Purchasing Manager—Interiors/Special Projects Division, 2010-2011
    - Project Manager—Interiors Division, 2009-2010
    - Project Superintendent—Interiors Division, 2007-2009
    - Estimating Engineer—Interiors Division, 2006-2007

Professional Activities

  • Florida Bar Association
  • Miami-Dade County Bar Association
  • Princeton Alumni Real Estate Network

Honors and Awards

  • Listed in Chambers USA: America's Leading Lawyers for Business, 2022-2024

  • Listed in The Legal 500, Next Generation Partner in Real Estate: Construction, 2022-2024

  • Listed in The Best Lawyers in America, 2023 and 2024
  • Named to Best Lawyers "Ones to Watch," 2021

No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.

Selected Publications

Selected Speaking Engagements

  • Speaker, "New Normal in Construction: How COVID-19 will impact Contracting, Risk Management, and Productivity," Greater NYC NACA Chapter Webinar, May 28, 2020