Eugene J. Heady

Attorney Profile

Top Rated Construction Litigation Attorney in Atlanta, GA

Smith, Currie & Hancock LLP
 | 2700 Marquis One Tower, 245 Peachtree Center Ave, NE
Atlanta, GA 30303-1227
Phone: 470-240-0321
Fax: 404-688-0671
Selected to Super Lawyers: 2004, 2015 - 2016, 2019
Licensed Since: 1997
Practice Areas:
  • Construction Litigation: Business (50%),
  • Alternative Dispute Resolution (30%),
  • Government Contracts (20%)
Attorney Profile

Attorney Eugene J. Heady is a partner with the Smith, Currie & Hancock LLP law firm in Atlanta, Georgia. A top-rated, award-winning attorney with more than 22 years of legal experience, Mr. Heady holds his license to practice in Texas (1996), Colorado (1997) and Florida (1998) as well as Georgia (1997), and he serves the needs and interests of a diverse range of clients throughout each of those states who have legal needs involving construction litigation, government contracts and alternative dispute resolution.

A member of the American Arbitration Association’s National Panel of Construction Arbitrators, Mr. Heady is dedicated to helping parties resolve their construction disputes in a manner that is both cost-effective and efficient. He brings this same mindset, dedication and arbitration experience with him when assisting individual clients resolve their construction disputes. He has extensive knowledge of construction law and experience in the construction industry borne from his years of working as a construction business owner, project engineer and project manager for various electrical construction initiatives before entering the legal profession.

Through this hands on experience, he is able to offer unmatched counsel and support to his clients, and he has earned many five-star reviews from both his clients and peers alike. Among his numerous awards and honors, Mr. Heady holds an AV Preeminent peer review rating* from Martindale-Hubbell, and he is a Life Fellow with the American Bar Foundation.

Mr. Heady earned his Bachelor of Science in engineering from the University of Hartford in 1981. Following a career in the construction industry, he attended Texas Tech University School of Law on various scholarships, where he obtained his Juris Doctor with honors in 1996. While in law school, he served as editor-in-chief for the Texas Tech Law Review as well as a staff writer and editor for the Texas Tech Legal Research Board. Recognized for his contributions, he won the Outstanding Comment Award and the Outstanding Editor Award.

Over the course of his career, Mr. Heady has become a recognized leader in his field, and he has published numerous articles and texts about various legal topics related to construction law, toxic torts, alternative dispute resolution and other subjects. He is also highly active in his legal community as evidenced by his membership with various local, state and national professional legal organizations.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

 
Practice Areas
Lawyer Practice Area Pie Chart

Construction Litigation (50%): Construction Defects

Alternative Dispute Resolution (30%): Arbitration, Mediation

Government Contracts (20%)

Focus Areas

Construction Defects, Arbitration, Mediation

Selections

Selected to Super Lawyers for 4 yearsbottom-image

Super Lawyers: 2004, 2015 - 2016, 2019

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About Eugene Heady

Admitted: 1997, Georgia

Professional Webpage: https://www.smithcurrie.com/attorneys/eugene-j-heady/

Honors/Awards:

  • 25th Edition of The Best Lawyers in America© for work in Construction Law, Best Lawyer, 2018
  • 24th Edition of The Best Lawyers in America© for work in Construction Law, Best Lawyer, 2017
  • Rated AV® Preeminent™, Martindale-Hubbell, 2018
  • Rated AV® Preeminent™, Martindale-Hubbell, 2017
  • Rated AV® Preeminent™, Martindale-Hubbell, 2016
  • Rated AV® Preeminent™, Martindale-Hubbell, 2015
  • Rated AV® Preeminent™, Martindale-Hubbell, 2014
  • Rated AV® Preeminent™, Martindale-Hubbell, 2013
  • Georgia Super Lawyer, 2019
  • Georgia Super Lawyer, 2016
  • Georgia Super Lawyer, 2015
  • Georgia’s Top Rated Lawyers, 2014
  • Georgia Super Lawyer, 2004
  • Life Fellow, American Bar Association, 2014
  • Fellow, American Bar Foundation, 2006
  • Who's Who in American Law, Selected numerous times since 2000
  • Who's Who in America, Selected numerous times since 2001
  • Who's Who in the World, Selected numerous times since 2001
  • Who's Who in the Finance & Industry, Selected numerous times since 2001
  • Who's Who: American Law Students, Selected in 1994, 1995, and 1996
  • Outstanding Editor Award, Texas Tech University Law Review, 1995
  • Outstanding Comment Award, Texas Tech University Law Review, 1994
  • Jurisprudence Award for Superior Academic Achievement in Interviewing & Counseling, Texas Tech University School of Law, 1996
  • Who's Who Among Students in American Universities and Colleges, 1979 - 1980

Special Licenses/Certifications:

  • Bar Admission - Texas, 1996
  • Bar Admission - Georgia, 1997
  • Bar Admission - Colorado, 1997
  • Bar Admission - Florida, 1998
  • Court Admission: U.S. District Court Northern District of Georgia, 1997
  • Court Admission: U.S. District Court Northern District of Texas, 2001
  • Court Admission: U.S. District Court Southern District of Texas, 2006
  • Court Admission: U.S. District Court Northern District of Florida, 2015
  • Neutral registered by the Georgia Supreme Court in general mediation, 2010 to present

Bar/Professional Activity:

  • Member, American Arbitration Association’s National Panel of Construction Arbitrators, 2013 to present
  • ABA Forum on the Construction Industry, 1993 - Present, Member
  • American Bar Association, Public Contract Law Section, Member
  • Served as Vice Chair, ABA Public Contract Law Section, Region IV-Georgia
  • Construction Law Section of the State Bar of Texas
  • Construction Law Section of the State Bar of Georgia
  • Construction Law Section of the Atlanta Bar Association
  • Alternative Dispute Resolution Section of The State Bar of Texas
  • The Litigation Section of The State Bar of Texas
  • Dispute Resolution Section of The State Bar of Georgia
  • Dispute Resolution Section of the Atlanta Bar Association
  • Dispute Resolution Section of The Florida Bar
  • National Electrical Contractors Association
  • Atlanta Electrical Contractors Association
  • Associated Builders and Contractors of Georgia, Inc.
  • State Bar of Texas, 1996 to present
  • State Bar of Georgia, 1997 to present
  • State Bar of Colorado, 1997 to present
  • State Bar of Florida, 1998 to present
  • Lawyers Club of Atlanta, 2001 to present
  • Supreme Court of Georgia, 1997
  • Georgia Court of Appeals, 1997
  • American Bar Association, 1996 to Present
  • American Bar Foundation, 2006 to Present (Life Fellow)
  • Scribes – The American Society of Writers on Legal Subjects, inducted, 1996

Scholarly Lectures/Writings:

  • Legal Treatise, Editor, Alternative Clauses to Standard Construction Contracts, Fifth Edition, Wolters Kluwer, 2018
  • Half Moon Seminar, Speaker, Legal Issues Impacting Engineers & Architects, 2017
  • Workshop , Speaker, Contract Terms, Conditions, and Killer Clauses (presented at National Electrical Contractors Association Annual Convention, Boston), Electrical Construction, 2016
  • Workshop, Speaker, Key Contract Terms (presented at National Electrical Contractors Association Annual Convention, Boston), Electrical Construction, 2016
  • Workshop, Speaker, Protecting Payment and Claim Rights and Obligations: A Point/Counterpoint Discussion (presented at Associated Builders and Contractors, Inc.'s annual Edcon & Expo, San Antonio, Texas), 2012
  • Seminar, Speaker, Hidden Risks of Green Buildings: Why Building Failures Are Likely and How to Avoid Them, 2012
  • Webinar (WPL Publishing Co., Inc.), Speaker, Hidden Risks of Green Building, 2012
  • Lorman Seminar, Speaker, The Hidden Risks of Green Buildings: Why Building Failures Are Likely and How To Avoid Them (Atlanta, Miami, Tampa), 2008
  • Lorman Seminar, Speaker, The Hidden Risks of Green Buildings: Why Building Failures Are Likely and How to Reduce Your Risk in the District of Columbia, 2008
  • Lorman Seminar, Speaker, The Hidden Risks of Green Construction: Increasing Your Green Building's Durability, Improving Your Design and Construction Decisions and Managing Your Firm's Risk, 2007
  • Lorman Seminar, Speaker, Georgia Construction Law: From Bidding to Final Payment – A Practical Overview of Construction Law, Litigation and Dispute Resolution Alternatives
  • Lorman Seminar, Speaker, Georgia Construction Law: From Bidding to Final Payment
  • Lorman Seminar, Speaker, Georgia Construction Law
  • Lorman Seminar, Speaker, Georgia Construction Lien and Public Contract Bond Law
  • Article, Author, Advancing the Interests of Small Businesses Through the Procurement Process
  • Article, Author, Amending the AIA A401-2007 to Avoid Pro Rata Share Backcharges for Job Site Cleanup
  • Article, Author, Applications for Progress Payments Must be Truthful and Accurate to Avoid Allegations of Fraud and False Claims
  • Article, Author, Basic Components of a Well-Prepared Claim Document
  • Article, Author, Building the Impenetrable Brick Wall of Project Documentation
  • Article, Author, Can a Contractor Hold a Subcontractor to its Bid
  • Article, Author, Chipping Away at the Armor of Pay-if-Paid Provisions
  • Article, Author, Clarification of the Economic Loss Rule May Greatly Expand Tort Claims in Construction Litigation
  • rticle, Author, Construction Law - The History Is Ancient!
  • Article, Author, Default Termination: Construction Contract's Death Penalty
  • Article, Author, Ditch the iPad And Pick Up Paper And Pen? Handwrite Your Nasty Notice Letter And Then Sleep On It!
  • Article, Author, Does Your Lawyer Know the Difference Between Cement and Concrete?
  • Article, Author, Don't Roll the Dice! Use Decision Tree Analysis When Calculating Your BATNA
  • Article, Author, Effective Negotiation of Construction Claims
  • Article, Author, Effective Use of Email for Construction Project Communications and Documentation
  • Article, Author, Empower Your Arbitrator to Allocate or Award Attorneys' Fees
  • Article, Author, Garfield and the Puzzling Negotiation That Resolved a Labor Inefficiency Claim
  • Article, Author, Key Elements of an Effective Joint Check Agreement
  • Article, Author, Lay Down The Swords And Mediate Your Construction Dispute
  • Article, Author, Minimize the Inherent Risk in "Scope Bidding" by Amending Your Form Subcontract
  • Article, Author, Passing the REINS Act Would Revolutionize Rulemaking and Benefit the Construction Industry
  • Article, Author, Should Subcontractors be Bonded?
  • Article, Author, Soon as I Get Paid - The Use of Joint Check Agreements on Construction Projects
  • Article, Author, Strategies for Drafting an Effective Arbitration Clause
  • Article, Author, Time to Dust Off Your Contracts Given AAA's New Rules for Fixed Time and Cost Construction Arbitration
  • Article, Author, Unique Challenges for Project Owners and Contractors in the Aftermath of a Hurricane
  • Article, Author, Use Performance and Payment Bonds to Protect Against Downside Risk
  • Article, Author, What Will the Arbitrator's Final Award Look Like?
  • Article, Author, When Faced With "No," Build A Golden Bridge To Resolve A Dispute
  • Article, Author, When Navigating the False Claims Minefield, Have an Ethics and Compliance Program on Board
  • Article, Author, Whistleblower, Government and Contractor Settle False Claim Act Litigation That Arose in the Aftermath of a Hurricane
  • Article, Author, Who is and Who is Not Covered by a Public Project Miller Act Payment Bond?
  • Article, Author, You're Headed to Court - Now What?
  • Article, Author, Hidden Risks of Green Buildings: Why Building Failures Are Likely and How to Avoid Them
  • Government Liability for Inaccurate Statement of the Size of a Project
  • Construction Connection monthly newsletter, Contributing Author
  • 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
  • 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
  • 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
  • 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, Co-Author, 2009
  • United States Chapter in Remedies for International Sellers of Goods, (Dennis Campbell, ed.), Kluwer Law International, Co-Author, 2001
  • Georgia Chapter in Legal Aspects of Doing Business in North America and Canada, (Dennis Campbell, ed.), Kluwer Law International, Co-Author, 2001
  • Expertise That is “Fausse” and Science That is Junky: Challenging a Scheduling Expert, The Procurement Lawyer, Fall, Vol. 35, No. 1, p. 1, Co-Author, 1999
  • Challenging or Obtaining Recognition of a Scheduling Expert’s Testimony in a Construction Delay Case, Section of Public Contract Law, Co-Author, 1999
  • Supplements to Chapters 22 and 28 in Alternative Clauses to Standard Construction Contracts (Glower W. Jones, ed.), Aspen Law & Business, 1999 - 2008
  • Hidden Legal Risks of Green Building, Florida Bar Journal, p.35, Co-Author, March 2010
  • 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
  • Public Owner Liability for Payment Bond Coverage in Water Environment & Technology, p. 72, July, 1997
  • Fifty State Construction Lien and Bond Law, Georgia Chapter, Aspen Law & Business, Co-Author, 2d ed., 2000
  • Yearly Georgia Supplements to Fifty State Construction Lien and Bond Law, Aspen Law & Business, Co-Author, 1999 to Present
  • Georgia Supplements to Fifty State Construction Lien and Bond Law, John Wiley & Sons, Co-Author, 1996 - 1997
  • 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, Author, 1995
  • Alternative Clauses to Standard Construction Contracts, Fifth Edition provides instant access to amendments to AIA, AGC, EJCDC and Consensus DOCS for owners, architects and contractors. This unique resource covers all major documents in use throughout the construction industry and enables you to compare between the different documents. It delivers practice-proven amendments clause-by-clause. It tells you specifically what to insert and delete in order to reach the ends your client desires. And it goes so deep, it even covers contractors amendments for agreements with subcontractors, Alternative Clauses to Standard Construction Contracts, (Eugene J. Heady, ed.), Fifth Edition, Wolters Kluwer, CCH Incorporated, https://lrus.wolterskluwer.com/store/product/alternative-clauses-to-standard-construction-contracts-fifth-edition/, Construction Insurance, Alternative Dispute Resolution, Federal Government Contracting, Public Construction, Institutional Construction, Commercial Construction, Industrial Construction, Construction, Building, Architecture Engineering and Construction, Editor and Contributing Author, 2018
  • Alternative Clauses to Standard Construction Contracts, (S. Gregory Joy and Eugene J. Heady, eds.), Aspen Law & Business, Co-Editor, 2009

Verdicts/Settlements:

  • High Rise Luxury Apartment Complex in Texas.  Represented the prime contractor regarding claims arising out of a $79 million construction project for the construction of a forty-story luxury apartment complex and parking garage.  Successfully defended against more than $3,000,000 in claims asserted by the drywall and framing subcontractor and obtained an arbitration award against the subcontractor, which was confirmed by the Texas state court.
  • Espirito Santo Plaza in Florida.  Represented the owner/developer of the Espirito Santo Plaza, 36 story mixed-use high-rise building.  The project involved the construction of offices, condominiums, hotel space, and a parking garage.  Project costs exceeded $200 million.  The project encountered a multitude of problems that resulted in claims and litigation with the project’s designers, contractors and subcontractors, and various insurance companies.  The claims were multi-faceted, inter-related, and very complex, involving design errors and omissions, schedule delays and acceleration, and construction failures.  After extensive litigation with multiple parties, in which our client obtained a partial summary judgment in its favor, we were also able to resolve all claims and all litigation by extended negotiation and a series of mediations.
  • Community Services Complex / College Basketball Arena in Florida  Represented the general contractor on delay claims against the owner. The contractor demanded arbitration and the owner obtained a trial court stay of the arbitration based on an argument that there was no arbitration provision in the parties' contract.  We successfully appealed the trial court's order, thereby allowing arbitration to proceed.
  • Tren Urbano Project in Puerto Rico.  Represented a segment contractor obtaining payment regarding multiple claims for extra work, scope changes, delays, and acceleration on an $80 million design-build contract to design and construct two stations and segments of elevated track in San Juan. Numerous unexpected issues arose that justified major changes in the contract.  Helped contractor obtain acceptable global settlement with the Puerto Rico Transportation Authority providing for substantial additional payments to the contractor and a time extension in light of the delays to the project. 
  • Cement Manufacturing Plant in Texas.  Represented a major process equipment supplier in a major dispute involving engineering and construction of a cement manufacturing facility.  Project cost exceeded $100 million.  Claims between and among the owner, the contractor, and equipment supplier exceeded $20 million.  The claims involved aspects of schedule delay, inefficiency, construction failures, and plant performance.  Resolution of these claims involved an extensive arbitration proceeding, state court litigation over lien rights and other claims, federal court litigation commenced by one of the parties, and bankruptcy proceedings when one of the other parties filed bankruptcy.  The entire dispute was ultimately concluded by a mediated settlement.
  • Georgia World Congress Center Expansion.  Represented the mechanical and electrical subcontractors in litigation and arbitration against the general contractor involving non-payment for work completed, change orders, and retainage.  Our clients proceeded through arbitration and obtained favorable results.

Other Outstanding Achievements:

  • Texas Tech Law Review, Editor-in-Chief, 1995
  • Texas Tech Law Review, Staff Member, 1994
  • Texas Tech Legal Research Board, Editor, 1995
  • Texas Tech Legal Research Board, Student Editor, Bench Book for the Texas Judiciary, 1996
  • Texas Tech Legal Research Board, Student Editor, Texas County Court Bench Manual, 1995
  • Fulbright & Jaworski Law Review Editor Scholarship, 1995
  • Texas Association of Counties Judicial Education Institute Scholarship, 1995
  • George H. Mahon Endowed Merit Fellowship, Texas Tech University, 1994
  • W.R. Quilliam Memorial Endowed Merit Scholarship, Texas Tech University, 1993
  • Kappa Mu Honorary Engineering Society, University of Hartford, 1979

Educational Background:

  • University of Hartford, B.S. Engineering, 1981

Industry Groups

  • Alternative Dispute Resolution
  • Architecture Engineering and Construction
  • Building
  • Commercial Construction
  • Construction
  • Federal Government Contracting
  • Industrial Construction
  • Institutional Construction
  • Public Construction
Office Location for Eugene J. Heady

2700 Marquis One Tower
245 Peachtree Center Ave, NE
Atlanta, GA 30303-1227

Phone: 470-240-0321

Fax: 404-688-0671

Eugene J. Heady:

Last Updated: 2/4/2019

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