Eugene J. Heady

Eugene J. Heady is a Partner in Smith Currie’s Atlanta office. Gene is nationally recognized for his experience and knowledge as a litigator, arbitrator, and counselor in construction law. He has more than 40 years’ experience as a problem solver in the construction industry, including over 24 years’ legal experience in drafting contracts and handling large, complex construction litigation,

2700 Marquis One Tower arbitration, and mediation. Gene is rated AV® Preeminent™ by 245 Peachtree Center Avenue NE Martindale-Hubbell and has been recognized as one of Georgia’s Atlanta, GA 30303 Phone: 404.582.8055 top rated lawyers for Alternative Dispute Resolution, Construction Email: [email protected] Law, and Construction Litigation. Since 2013, he has served as an Assistant: Karen Toler 404.582.8091 Email: [email protected] active member of the American Arbitration Association’s national

BAR ADMISSIONS Panel of Construction Arbitrators. Texas, 1996 Georgia, 1997 Gene has significant background and experience in the construction Colorado, 1997 industry. In 1981, Gene earned a B.S. degree in Engineering from Florida, 1998 the University of Hartford, majoring in Electrical Contracting, and was COURT ADMISSIONS Georgia Court of Appeals, 1997 inducted into the Kappa Mu Honorary Engineering Society. Before Supreme Court of Georgia, 1997 law school, he worked in the electrical construction business as a U.S. District Court Northern District of Georgia, project engineer, project manager, and construction business owner. 1997 Gene’s practical experience includes: take-off, estimation and U.S. District Court Northern District of Texas, 2001 competitive bidding of the electrical division of various private and U.S. District Court Southern District of Texas, governmental construction projects; management of multi-million 2006 dollar electrical subcontracts; drafting and negotiating subcontracts U.S. District Court Northern District of Florida, 2015 and major purchase order agreements; pricing and negotiating EDUCATION contract change orders; coordinating electrical work with other University of Hartford, B.S.E., Electrical trades; and preparing and negotiating contract claims. Contracting, 1981 Kappa Mu Honorary Engineering Society Following a successful career in the electrical construction business, Texas Tech University School of Law, J.D., Gene began practicing law in 1996. He assists owners, contractors, cum laude, 1996 Texas Tech Law Review, Editor-in-Chief, 1995 subcontractors, suppliers, architects, engineers, sureties, – 1996 developers, and manufacturers in drafting and negotiating contracts, Texas Tech Law Review, Staff Member, 1994 and in avoiding and resolving disputes related to construction – 1995 projects throughout the continental U.S., Alaska, and the Caribbean. Texas Tech Legal Research Board, Editor, 1995 – 1996 His work involves private, local, state and federal government Texas Tech Legal Research Board, Student contracts and commercial, industrial and institutional construction Editor, Texas County Court Bench Manual projects. Texas Tech Legal Research Board, Student Editor, Bench Book for the Texas Judiciary, 1996 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.

Gene is a prolific writer. He has published numerous works related to the construction industry and is a frequent lecturer on construction law topics. His published works during law school included: 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). 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. Following law school, he contributed chapters in the nationally known and well- respected legal treatise Alternative Clauses to Standard Construction Contracts (Glower W. Jones, ed., Aspen Law & Business, Second Edition, 1998). Gene then authored yearly supplements to the Second Edition. On subsequent Editions, he assumed the role of editor serving as a co-editor and contributing author for Alternative Clauses to Standard Construction Contracts (S. Gregory Joy and Eugene J. Heady, eds.), Third Edition, Aspen Law & Business, 2009; serving as co-editor and contributing author for Alternative Clauses to Standard Construction Contracts (S. Gregory Joy and Eugene J. Heady, eds.), Fourth Edition, CCH Incorporated, 2014; and serving as the editor and contributing author for Alternative Clauses to Standard Construction Contracts (Eugene J. Heady, ed.), Fifth Edition, CCH Incorporated, 2018. In 1996, while in law school, Gene co-authored the Georgia Chapter in Fifty State Construction Lien and Bond Law, and has continued to co-author the Georgia Chapter in each subsequent edition of this legal treatise and in each yearly supplement since 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, the Southern District of Texas, and the Northern District of Florida. 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 first selected by his peers as one of Georgia’s Super Lawyers in 2004 and selected numerous times in subsequent years. In 2006, he was elected to become a Fellow of the American Bar Foundation, and in 2014, he 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. He was ranked as one of The Best Lawyers in America in the area of Construction Law in the 2018, 2019, 2020 and 2021 Editions of The Best Lawyers in America, which is the oldest and most respected peer-review publication in the legal profession.

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.

Common Sense Contract Law

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