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
 
Memberships 

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

 
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
•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.
•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.
•New Pharmaceutical Research and Manufacturing Facility in South Carolina

Obtained $31 million judgment 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
Building the Impenetrable Brick Wall of Project Documentation
Amending the AIA A401-2007 to Avoid Pro Rata Share Backcharges for Job Site Cleanup
Minimize the Inherent Risk in Scope Bidding by Amending Your Form Subcontract
Time to Dust Off Your Contracts Given AAA s New Rules for Fixed Time and Cost Construction Arbitration
Can a Contractor Hold a Subcontractor to its Bid
What Will the Arbitrator s Final Award Look Like?
Empower Your Arbitrator to Allocate or Award Attorneys Fees
Strategies for Drafting an Effective Arbitration Clause
Key Elements of an Effective Joint Check Agreement

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

 
ISLN911265260
 

Documents by this lawyer on Martindale.com

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Building the Impenetrable Brick Wall of Project Documentation
Eugene J. Heady, November 1, 2014
Early in my career as a project manager, years before becoming a lawyer, my manager called me into his office and assigned me to a large new project. He explained that the project owner had a reputation for being very litigious, and he needed me to aggressively manage the project to avoid costly...

Minimize the Inherent Risk in "Scope Bidding" by Amending Your Form Subcontract
Eugene J. Heady, August 12, 2014
Subcontractors must exercise particular care if the project specifications are performance specifications or otherwise described by so-called “scope” criteria. A scope specification is one that describes the general scope of the project in terms of design, dimension, and major...

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...



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Office Information

Eugene J. Heady

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




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