Read the interview
Adams and Reese Partner Roscoe Green was interviewed on “Considerations for Preserving Construction Claims,” published in a ABA Forum on Construction Law special section. The American Bar Association’s Forum serves the construction industry and the nation’s construction attorneys through education and leadership.
In the interview, Green said a common mistake that parties routinely make during construction projects is failing to document and properly preserve claims.
“In the legal world, we often say, ‘It’s not what you know, it’s what you can prove.’ This proverbial saying applies to all aspects of the construction project, but it really holds true when pursuing claims on a project,” said Green. “Generally, parties that successfully pursue claims start by having good documentation and following the claim provisions in the contract. In many states, the notice and claim provisions are strictly enforced by courts.”
Green added that when a claim arises on a project, contractors should document the claim, review the notice, and claim provision(s). They should also consider the following questions:
- Have you confirmed all deadlines to ensure timely notice and submission of your claim?
- Have you identified all persons and entities designated to receive notice or the claim?
- Have you verified the proper method and location for delivery?
- Have you identified all relief sought in your claim?
- Have you reviewed applicable statutes and/or bonds for additional requirements?
At Adams and Reese, Green is a leading member of one of the largest legal construction practices in the country with Adams and Reese’s roster of more than 90 attorneys serving the construction industry. Adams and Reese construction attorneys are licensed in more than 30 states and are strategically positioned in 20 cities, across 10 states and Washington, DC. Green is one of eight Florida Bar board-certified construction attorneys, as well as one of Adams and Reese’s two Florida-certified general contractors.
Green’s construction practice primarily includes, but is not limited to, construction litigation, contract disputes, defects, bid protests, payment disputes, delay claims and lien and bond claims. His clients include public agencies, developers, design professionals, prime contractors, energy performance contractors, roofing contractors, subcontractors and property owners.
Green serves as general counsel for the National Association of Minority Contractors, Central Florida Chapter. He is Quality Control Management Certified by the U.S. Army Corps of Engineers and certified in the State Requirements for Educational Facilities (SERF) by the Florida Department of Education.
Green’s construction practice has garnered national attention. He has been recognized as one of the nation’s “Top 20 under 40 Construction Professionals” and as one of the “Southeast’s Top Young Construction Professionals” by Engineering News-Record. He is recognized by his peers among Florida Super Lawyers’ “Rising Stars” in Construction Litigation and among Tampa Magazine’s “Top Lawyers in Construction Law, Corporate Law, and Governmental Affairs.”