Eugene J. Heady: Lawyer with Smith, Currie & Hancock LLP

Eugene J. Heady

Partner
Atlanta,  GA  U.S.A.
Phone404.582.8055

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Alternative Dispute Resolution
  • Construction Law
  • False Claims Act Litigation
  • Surety Bonds & Insurance
  • Government Contracts
  • Lien Protection and Avoidance
  • Litigation
 
University University of Hartford, B.S.E., Electrical Contracting, 1981 Kappa Mu Honorary Engineering Society
 
Law SchoolTexas Tech University School of Law, J.D., cum laude, 1996 Texas Tech Law Review, Editor-in-Chief, 1995 - 1996, Texas Tech Law Review, Staff Member, 1994 - 1995, Texas Tech Legal Research Board, Editor, 1995 - 1996, Texas Tech Legal Research Board, Student Editor, Texas County Court Bench Manual, Texas Tech Legal Research Board, Student Editor, Bench Book for the Texas Judiciary, 1996
 
Admitted1996, Texas; 1997, Georgia; 1997, Colorado; 1998, Florida; 1997, Georgia Court of Appeals; 1997, Supreme Court of Georgia; 1997, U.S. District Court Northern District of Georgia; 2001, U.S. District Court Northern District of Texas; 2006, U.S. District Court Southern District of Texas
 
Biography

EUGENE J. HEADY is a Partner in Smith Currie's Atlanta office. He is rated AV® Preeminent™ by Martindale-Hubbell. Gene has significant background and experience in the construction industry. In 1981, Gene earned a B.S. degree in Engineering from the University of Hartford, majoring in Electrical Contracting, and was inducted into the Kappa Mu Honorary Engineering Society. Before law school, he worked in the electrical construction business as a project engineer, project manager, and owner.

Gene's practical experience included: take-off, estimation and competitive bidding of the electrical division of various private and governmental construction projects; management of multi-million dollar electrical subcontracts; drafting and negotiating subcontracts and major purchase order agreements; pricing and negotiating contract change orders; coordinating electrical work with other trades; and preparing and negotiating contract claims.

Gene graduated in 1996, with honors, from Texas Tech University School of Law where he served as the Editor-in-Chief of the Texas Tech Law Review and as a staff writer and an Editor for the Texas Tech Legal Research Board. His numerous published works include: Stuck Inside These Four Walls: Recognition of Sick Building Syndrome Has Laid the Foundation to Raise Toxic Tort Litigation to New Heights, 26 Tex. Tech. L. Rev. 1041 (1995) (republished in Legal Handbook for Architects, Engineers, and Contractors, Clark Boardman Callaghan, 1996); Contractors' Amending AIA A401-1997: Standard Form of Agreement Between Contractor and Subcontractor, and Subcontractors' Amending AIA A401-1997: Standard Form of Agreement Between Contractor and Subcontractor, both in Alternative Clauses to Standard Construction Contracts (Glower W. Jones, ed., 1998); and co-authorship of the Georgia Chapter in Fifty State Construction Lien and Bond Law (Aspen Law & Business, 1999). He served as a Student Editor on the Texas County Court Bench Manual, Texas Association of Counties, 1996; and as a Student Editor on the Bench Book for the Texas Judiciary, Texas Center for the Judiciary, 1996.

Gene is a member of the State Bars of Georgia, Texas, Florida, and Colorado and is admitted to practice before the United States District Courts for the Northern District of Georgia, the Northern District of Texas, and the Southern District of Texas. Gene is a neutral registered by the Georgia Supreme Court in general mediation and arbitration. He is a member of the American Bar Association Forum on the Construction Industry. He is a member of the American Bar Association Public Contract Law Section and has served as its Vice Chair Region IV-Georgia. Gene was elected by his peers as one of Georgia Super Lawyers 2004, and, in 2006, was elected to become a fellow of the American Bar Foundation. The Fellows is the preeminent attorney group in the country, its membership being limited to one third of one percent of the lawyers in America.

Experience

· Espirito Santo Plaza in Florida
Represented the owner/developer of a mixed-use complex in Florida in myriad claims including design deficiency, construction defects and insurance-related matters.

· Tren Urbano Project in Puerto Rico
Represented a segment contractor in successfully pursuing multiple claims for extra work, design changes, and delays on an $80 million design-build contract to construct two stations and sections of elevated heavy rail track in San Juan.

· Georgia World Congress Center Expansion
Obtained favorable arbitration award on behalf of mechanical and electrical subcontractors in claims for unpaid invoices and wrongfully withheld retainage.

· New Pharmaceutical Research and Manufacturing Facility in South Carolina
Obtained $31 million verdict on behalf of owner involving design errors, schedule delays and cost overruns against the designers.

· Cement Manufacturing Plant in Texas
Represented a major process equipment supplier in a major dispute involving engineering and construction of a cement manufacturing facility. Representation included claims involving aspects of schedule delay, inefficiency, construction failures, and plant performance.

· Community Services Complex/College Basketball Arena in Florida
Represented the general contractor at arbitration involving delay claims against owner of a Florida community services complex and college basketball arena.

Honors & Awards

· Rated AV Preeminent™ by Martindale-Hubbell

· W.R. Quilliam Memorial Endowed Merit Scholarship, Texas Tech University, 1993 - 1994

· George H. Mahon Endowed Merit Fellowship, Texas Tech University, 1994 - 1995

· Texas Association of Counties Judicial Education Institute Scholarship, 1995 - 1996

· Fulbright & Jaworski Law Review Editor Scholarship, 1995 - 1996

· Outstanding Comment Award, Texas Tech University Law Review, 1994 - 1995

· Outstanding Editor Award, Texas Tech University Law Review, 1995 - 1996

· Jurisprudence Award for Superior Academic Achievement in Interviewing & Counseling

· Who's Who: American Law Students, 1994, 1995, 1996

· Who's Who Among Students in American Universities and Colleges, 1979 - 1980

· Who's Who in American Law, 2000-2001, 2002-2003, 2005-2006, 2007-2008

· Who's Who in America, 2001, 2002, 2003, 2004, 2005, 2008, 2009

· Who's Who in the World, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008

· Who's Who in Finance & Industry, 2001-2002, 2002-2003

Articles & Publications

· Co-Author , Hidden Legal Risks of Green Building, in The Florida Bar Journal, p.35, March 2010.

· Stuck Inside These Four Walls: Recognition of Sick Building Syndrome Has Laid the Foundation to Raise Toxic Tort Litigation to New Heights, 26 Tex. Tech L. Rev. 1041 (1995) (republished in Legal Handbook for Architects, Engineers and Contractors, Clark Boardman Callaghan, 1996).

· 1996 & 1997 Georgia Supplements to Fifty State Construction Lien and Bond Law (co-author), John Wiley & Sons.

· 1999 to present, yearly Georgia Supplements to Fifty State Construction Lien and Bond Law (co-author), Aspen Law & Business.

· Georgia Chapter in Fifty State Construction Lien and Bond Law (co-author), Aspen Law & Business, 2d ed., 2000.

· Public Owner Liability for Payment Bond Coverage in Water Environment & Technology, p. 72, July, 1997.

· Chapter 22, Contractors' Amending AIA A401-1997: Standard Form of Agreement Between Contractor and Subcontractor, in Alternative Clauses to Standard Construction Contracts (Glower W. Jones, ed.), Aspen Law & Business, 1998.

· Chapter 28, Subcontractors' Amending AIA A401-1997: Standard Form of Agreement Between Contractor and Subcontractor, in Alternative Clauses to Standard Construction Contracts (Glower W. Jones, ed.), Aspen Law & Business, 1998.

· 1999-2008 Supplements to Chapters 22 and 28 in Alternative Clauses to Standard Construction Contracts (Glower W. Jones, ed.), Aspen Law & Business.

· Co-Author , Challenging or Obtaining Recognition of a Scheduling Expert's Testimony in a Construction Delay Case, Paper presented at the 1999 ABA Annual Meeting, Section of Public Contract Law, 1999.

· Co-Author , Expertise That is "Fausse" and Science That is Junky: Challenging a Scheduling Expert, The Procurement Lawyer, Fall, Vol. 35, No. 1, p. 1, 1999.

· Co-Author, Georgia Chapter in Legal Aspects of Doing Business in North America and Canada, (Dennis Campbell, ed.), Kluwer Law International, 2001.

· Co-Author, United States Chapter in Remedies for International Sellers of Goods, (Dennis Campbell, ed.), Kluwer Law International, 2001.

· Co-Author , Georgia Construction and Design Law, in A State-by-State Guide to Construction & Design Law (Carl J. Circo & Christopher H. Little, eds., 2d ed.), American Bar Association, 2009.

· Co-Editor, Alternative Clauses to Standard Construction Contracts (S. Gregory Joy and Eugene J. Heady, eds.), Aspen Law & Business, 2009.

· Chapter 25 , Contractors' Amending AIA A401-2007: Standard Form of Agreement Between Contractor and Subcontractor, in Alternative Clauses to Standard Construction Contracts (S. Gregory Joy and Eugene J. Heady, eds.), Aspen Law & Business, 2009.

· Chapter 32 , Subcontractors' Amending AIA A401-2007: Standard Form of Agreement Between Contractor and Subcontractor, in Alternative Clauses to Standard Construction Contracts (S. Gregory Joy and Eugene J. Heady, eds.), Aspen Law & Business, 2009.

· Contributing Author to Construction Connection monthly newsletter.

Recently Published on CommonSenseContractLaw.com

· Soon as I Get Paid - The Use of Joint Check Agreements on Construction Projects

· Basic Components of a Well-Prepared Claim Document

· Passing the REINS Act Would Revolutionize Rulemaking and Benefit the Construction Industry

· Clarification of the Economic Loss Rule May Greatly Expand Tort Claims in Construction Litigation

· Chipping Away at the Armor of Pay-if-Paid Provisions

· Garfield and the Puzzling Negotiation That Resolved a Labor Inefficiency Claim

· Don't Roll the Dice! Use Decision Tree Analysis When Calculating Your BATNA

· Unique Challenges for Project Owners and Contractors in the Aftermath of a Hurricane

· Lay Down The Swords And Mediate Your Construction Dispute

· Whistleblower, Government and Contractor Settle False Claim Act Litigation That Arose in the Aftermath of a Hurricane

Appearances

· September 13, 2012 - Hidden Risks of Green Building Webinar

Classes & Seminars Taught

· Georgia Construction Lien and Public Contract Bond Law

· Georgia Construction Law

· Georgia Construction Law: From Bidding to Final Payment

· Georgia Construction Law: From Bidding to Final Payment - A Practical Overview of Construction Law, Litigation and Dispute Resolution Alternatives

· Hidden Risks of Green Buildings: Why Building Failures Are Likely and How to Avoid Them

· The Hidden Risks of Green Buildings: Why Building Failures Are Likely and How to Reduce Your Risk in the District of Columbia

Professional Affiliations

· State Bar of Georgia

· State Bar of Texas

· State Bar of Florida

· State Bar of Colorado

· ABA Forum on the Construction Industry, 1993 - Present, Member

· Scribes - The American Society of Writers on Legal Subjects, inducted 1996

· American Bar Association, 1996 - Present, Member

· Served as Vice Chair, Section of Public Contract Law, Region IV-Georgia

· Lawyers Club of Atlanta, 2001 - Present, Member

· American Bar Foundation, 2006 - Present, fellow

· Construction Law Section of the Atlanta Bar Association

· Dispute Resolution Section of The State Bar of Georgia

· Dispute Resolution Section of the Atlanta Bar Association

· Dispute Resolution Section of The Florida Bar

· Alternative Dispute Resolution Section of The State Bar of Texas

· Construction Law Section of The State Bar of Texas

· The Litigation Section of The State Bar of Texas

· National Electrical Contractors Association

· Atlanta Electrical Contractors Association

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ISLN911265260
 

Documents by this lawyer on Martindale.com

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Can a Contractor Hold a Subcontractor to its Bid
Eugene J. Heady, July 2, 2014
The Contractor was preparing to bid on a school project. On the day of the bid, a Subcontractor submitted its bid to the Contractor to perform the paving work on the project. The Subcontractor’s bid was submitted by telephone on the day that the Contractor had to submit its bid to the school...

Empower Your Arbitrator to Allocate or Award Attorneys' Fees
Eugene J. Heady, April 11, 2014
Claims and disputes involving construction projects tend to be technically complex and factually intensive. As a result, the resolution of construction claims and disputes can be time consuming and costly. In prosecuting or defending claims, one question that always arises is “Can I recover...

Effective Negotiation of Construction Claims
Eugene J. Heady, December 13, 2013
Claims and disputes in the construction industry are commonplace and often result in protracted and contentious litigation. The reality, however, is that most construction lawsuits settle before trial. Regrettably, settlement usually comes after much pain, suffering and expense. A prolonged and...



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Office Information

Eugene J. Heady

245 Peachtree Center Avenue, N.E.
AtlantaGA 30303-1227




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