Patrick J. Greene, Jr.

Patrick Greene is Of Counsel in the firm’s Construction and Infrastructure Practices. In nearly 40 years of practice, Pat has advised some of the nation’s largest construction contractors, construction managers and design/builders regarding performance and compliance issues in contracting in the public and private sectors, including, especially, state and federal government contracting.

Pat has helped guide performance on large, complex domestic and international construction projects, including coal, gas and solar powerplants, interstate roadways, bridges and vertical construction. He has also prepared numerous complex claims and orchestrated the resolutions of complex extra work, delay and impact claims running into hundreds of millions of dollars. Pat has appeared as lead counsel in multiple venues including state and federal courts and domestic and international arbitration tribunals. He has also defended against subcontractor claims and against defective work and delay claims asserted by owners and others.

Notably, Pat has 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, he 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. Pat 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 and regulations associated with project funded by federal, state and local governments.

Recent representative cases include:

• Represented a design-builder during construction of a more than $1 billion State Department of Transportation Interstate Roadway project, including preparing claims against its design consultant and successfully pursuing those claims though an arbitration that resulted in a +$10 million award in 2020.
• Represented an international supplier of turbine and energy generation equipment against more than $30 million in claims arising out of the alleged late delivery of equipment to the then largest solar-generating facility in the world, successfully defeating such claims in international arbitration held in New York City with an award rendered in 2020.
• Represented a multi-national joint venture in international arbitration conducted in Vancouver B.C. in defending against delay liquidated damages and asserting delay and disruption damages arising out of design and construction of more than $1 billion of electrical transmission towers, lines and related equipment in the Canadian Rockies, resulting in a favorable award of more than $100 million for the design-builder in 2018.
• Successfully obtained dismissal, on behalf of multiple New York construction industry clients, of multiple US False Claims Act cases filed in the United States District Court, Southern District of New York in separate cases in 2018 and 2019.
• Obtained a successful international arbitration award in favor of an international EPC Contractor in defense of claim asserted by its supplier of Heat Recovery Generators with respect to a combined-cycle power plant project in Saudi Arabia, in an international arbitration held in New York City culminating in 2017.

Pat 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 a Fellow of the Construction Lawyers Society of America and has been an active participant and leader among organizations such as the ABA Forum on the Construction Industry, Public Contract Law Section and ABA Construction Litigation Committee. Most recently, he has served as co-chair of P&A’s Covid-19 Task Force and has published articles and presented programs focusing on the construction industry’s response to the crisis.