Patrick J. Greene, Jr., a partner at Peckar & Abramson, heads the firm’s Government Practice Group in New York and New Jersey.
In over 30 years of practice, Mr. Greene has advised some of the nation's largest construction contractors regarding performance and compliance issues in contracting in the public and private sectors, including, especially, federal government contracting. He has prepared, litigated and resolved numerous complex extra work, delay and impact claims on domestic and international construction projects. He also has advised and presented defenses against subcontractor claims and against defective work and delay claims asserted by owners and others. Notably, Mr. Greene successfully presented the seminal Construction Lien Law case before the New Jersey Supreme Court, and tried one of the largest, most complex cases in the history of the United States General Services Board of Contract Appeals (GSBCA). As a result of representing numerous federal contractors, Mr. Greene is especially knowledgeable regarding the Federal Acquisition Regulation (FAR).
An important consideration in defense against defective construction work claims is the availability and application of insurance coverage under commercial general liability, professional malpractice and subcontractor default insurance policies. Mr. Greene and his team are well versed in the complexities of obtaining coverage for occurrences involving construction defects under standard and nonstandard insurance provisions. They also advise regarding the establishment and maintenance of insurance programs, including issues of cost recovery and disclosure under pertinent contract provisions and regulations, such as the FAR cost principles.
A significant aspect of Mr. Greene’s practice involves advising construction and non-construction clients regarding allegations under the False Claims Act and defending against such claims in multiple jurisdictions. Mr. Greene has defended construction contractors, medical service providers and product suppliers/installers against False Claims Act allegations asserted by U.S. Attorney’s offices, the U.S. Department of Justice and Qui Tamrelators throughout the United States and has represented contractors in related debarment and suspension administrative proceedings. Mr. Greene’s cases have included the representation of insureds through specialized insurance programs that provide for the defense of false claims actions.
Drawing upon his extensive experience in representing government contractors in day-to-day performance issues, claims presentation and litigation and False Claims Act proceedings, Mr. Greene advises and helps clients implement compliance programs, contracting procedures and cost-recovery systems that allow contractors to perform their contracts in a compliant, yet profitable, manner.
Mr. Greene has presented numerous seminars involving construction litigation, False Claims Act Defense and Government contracting and published numerous articles, including: “Stimulus Funds,” Building & Construction Northeast, Fall 2009; “The New Stakes in Doing Business with the Federal Government,” Construct!, Summer 2007; and “Defending a Civil False Claims Act Case: Practical Considerations,” American Bar Association (ABA) Forum on the Construction Industry, September 2007. He is also one of the editors of Construction Accounting – A Guide for Attorneys and Other Professionals, American Bar Association, 2010. A representative list of Mr. Greene’s articles and presentations can be foundhere.
Mr. Greene has been recognized as a leading construction lawyer by Best Lawyers in America, The International Who's Who of Construction Lawyers, and New Jersey and New York Super Lawyers. He is the immediate past co-chairman of the Construction Litigation Committee of the Litigation Section of the American Bar Association and past co-chairman of the New Jersey State Bar Association Construction and Public Contract Law Section.
Mr. Greene is a graduate of St. Peter's College and the Georgetown University Law Center.