Eugene J. Heady

Eugene J. Heady: Attorney with Smith, Currie & Hancock LLP AV stamp icon
  • Partner at Smith, Currie & Hancock LLP (64 Attorneys)
  • 2700 Marquis One Tower, 245 Peachtree Center Avenue, N.E., Atlanta, GA 30303
    View Eugene J. Heady's office location
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    5.0/5.0 (13)
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Attorney Awards

Biography

Eugene J. Heady is a Partner in Smith Currie’s Atlanta office. He is rated AV Preeminent by Martindale-Hubbell and was selected as one of Georgia’s Top Rated Lawyers of 2014 for Alternative Dispute Resolution, Construction Law, and Litigation. Gene is also a mediator and arbitrator and is a member of the American Arbitration Association’s national Panel of Construction Arbitrators. 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. In 2014, Gene became a Life Fellow. 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

•Cement Manufacturing Plant in Texas
•Community Services Complex/College Basketball Arena in Florida
•Espirito Santo Plaza in Florida
•Georgia World Congress Center Expansion
•Tren Urbano Project in Puerto Rico

Honors and Awards

•Rated AV Preeminent by Martindale-Hubbell
•Life fellow of the American Bar Foundation
•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.
Does Your Lawyer Know the Difference Between Cement and Concrete?, Common Sense Contract Law (July 12, 2012)
Construction Law - The History Is Ancient!, Common Sense Contract Law (July 19, 2012)
You're Headed to Court - Now What?, Common Sense Contract Law (July 27, 2012)
Use Performance and Payment Bonds to Protect Against Downside Risk, Common Sense Contract Law (July 27, 2012)
Advancing the Interests of Small Businesses Through the Procurement Process, Common Sense Contract Law (July 27, 2012)
When Faced With No, Build A Golden Bridge To Resolve A Dispute, Common Sense Contract Law (July 31, 2012)
Ditch the iPad And Pick Up Paper And Pen? Handwrite Your Nasty Notice Letter And Then Sleep On It!, Common Sense Contract Law (September 17, 2012)
Government Liability for Inaccurate Statement of the Size of a Project, Common Sense Contract Law (October 5, 2012)
When Navigating the False Claims Minefield, Have an Ethics and Compliance Program on Board, Common Sense Contract Law (October 11, 2012)
Applications for Progress Payments Must be Truthful and Accurate to Avoid Allegations of Fraud and False Claims, Common Sense Contract Law (November 1, 2012)
Stuck Inside These Four Walls: Recognition of Sick Building Syndrome Has Laid The Foundation To Raise Toxic Tort Litigation To New Heights, Common Sense Contract Law (November 2, 2012)
Unique Challenges for Project Owners and Contractors in the Aftermath of a Hurricane, Common Sense Contract Law (February 20, 2013)
Whistleblower, Government and Contractor Settle False Claim Act Litigation That Arose in the Aftermath of a Hurricane, Common Sense Contract Law (January 9, 2013)
Lay Down The Swords And Mediate Your Construction Dispute, Common Sense Contract Law (February 6, 2013)
Don't Roll the Dice! Use Decision Tree Analysis When Calculating Your BATNA, Common Sense Contract Law (March 6, 2013)
Garfield and the Puzzling Negotiation That Resolved a Labor Inefficiency Claim, Common Sense Contract Law (April 5, 2013)
Chipping Away at the Armor of Pay-if-Paid Provisions, Common Sense Contract Law (May 3, 2013)
Clarification of the Economic Loss Rule May Greatly Expand Tort Claims in Construction Litigation, Common Sense Contract Law (June 7, 2013)
Passing the REINS Act Would Revolutionize Rulemaking and Benefit the Construction Industry, Common Sense Contract Law (July 2, 2013)
Basic Components of a Well-Prepared Claim Document, Common Sense Contract Law (August 7, 2013)
Soon as I Get Paid - The Use of Joint Check Agreements on Construction Projects, Common Sense Contract Law (September 5, 2013)
Effective Use of Email for Construction Project Communications and Documentation, Common Sense Contract Law (October 3, 2013)
Default Termination: Construction Contract's Death Penalty, Common Sense Contract Law (November 10, 2013)
Effective Negotiation of Construction Claims, Common Sense Contract Law (December 4, 2013)
Should Subcontractors be Bonded?, Common Sense Contract Law (January 10, 2014)
Key Elements of an Effective Joint Check Agreement, Common Sense Contract Law (February 4, 2014)
Strategies for Drafting an Effective Arbitration Clause, Common Sense Contract Law (March 10, 2014)
Empower Your Arbitrator to Allocate or Award Attorneys' Fees, Common Sense Contract Law (April 7, 2014)
What Will the Arbitrator's Final Award Look Like?, Common Sense Contract Law (May 9, 2014)
Can a Contractor Hold a Subcontractor to its Bid, Common Sense Contract Law (June 6, 2014)
Time to Dust Off Your Contracts Given AAA's New Rules for Fixed Time and Cost Construction Arbitration, Common Sense Contract Law (June 27, 2014)
Minimize the Inherent Risk in Scope Bidding by Amending Your Form Subcontract, Common Sense Contract Law (August 8, 2014)
Amending the AIA A401-2007 to Avoid Pro Rata Share Backcharges for Job Site Cleanup, Common Sense Contract Law (September 5, 2014)
Building the Impenetrable Brick Wall of Project Documentation, Common Sense Contract Law (October 21, 2014)
Who is and Who is Not Covered by a Public Project Miller Act Payment Bond?, Common Sense Contract Law (November 12, 2014)

Presentations

•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
•Legal Issues Impacting Engineers & Architects - July 27, 2017 - Atlanta, GA
•Key Contract Terms - October 7, 2016 - Boston, MA
•Contract Terms, Conditions, and Killer Clauses - October 7, 2016 - Boston, MA
•September 13, 2012 - Hidden Risks of Green Building Webinar

•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

Areas of Practice (7)

  • Alternative Dispute Resolution
  • Construction Law
  • False Claims Act Litigation
  • Government Contracts
  • Lien Protection and Avoidance
  • Litigation
  • Surety Bonds & Insurance

Education & Credentials

Contact Information:
404.582.8055  Phone
404.688.0671  Fax
www.smithcurrie.com
University Attended:
University of Hartford, B.S.E., Electrical Contracting, Kappa Mu Honorary Engineering Society, 1981
Law School Attended:
Texas Tech University School of Law, J.D., cum laude, 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, 1996
Year of First Admission:
1996
Admission:
1997, U.S. District Court Northern District of Georgia; 2006, U.S. District Court Southern District of Texas; 2015, U.S. District Court Northern District of Florida; 2001, U.S. District Court Northern District of Texas; 1997, Colorado; 1997, Georgia; 1996, Texas; 1998, Florida; 1997, Georgia Court of Appeals; 1997, Supreme Court of Georgia
Memberships:

Professional Affiliations

•State Bar of Georgia
•State Bar of Texas
•State Bar of Florida
•State Bar of Colorado
•Member, American Arbitration Association's national Panel of Construction Arbitrators
•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, Life 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
•Associated Builders and Contractors, Inc.
•National Electrical Contractors Association
•Atlanta Electrical Contractors Association

ISLN:
911265260

Peer Reviews

5.0/5.0 (13 reviews)
High ethical standing icon
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

    5.0/5.0
  • Analytical Capability

    5.0/5.0
  • Judgment

    5.0/5.0
  • Communication

    5.0/5.0
  • Legal Experience

    5.0/5.0
  • 5.0/5.0 Rated by a Partner on 08/01/13 in Construction Law

    I had a very complex construction law case against Mr. Heady's client. At all stages, I was extremely impressed with his skills, his knowledge of the substantive law, his ethics and his ability to come to resolution. I unqualifiedly endorse him as... Read more

    Read more

    I had a very complex construction law case against Mr. Heady's client. At all stages, I was extremely impressed with his skills, his knowledge of the substantive law, his ethics and his ability to come to resolution. I unqualifiedly endorse him as a lawyer. Read less

    Read less
  • 5.0/5.0 Rated by a Partner on 08/01/13 in Construction Litigation

    I have the highest regard for Mr. Heady. He represented a co-defendant in a complex construction case in which I represented another co-defendant. He was an important member of our defense team, whose involvement was critical in advancing the litiga... Read more

    Read more

    I have the highest regard for Mr. Heady. He represented a co-defendant in a complex construction case in which I represented another co-defendant. He was an important member of our defense team, whose involvement was critical in advancing the litigation to an amicable settlement without running up costs for his client or other litigants. Mr. Heady was always professional, very well prepared, and I would not hesitate to recommend him to others. Read less

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*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (11)

Documents by this lawyer on Martindale.com

Atlanta, Georgia

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    Atlanta, GA
    2700 Marquis One Tower , 245 Peachtree Center Avenue, N.E.
    Atlanta, GA 30303

    404.582.8055 Phone

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