Articles

Smith, Currie & Hancock LLP

Construction Department's
Professional Writings

Amending B141-1997: American Institute of Architects Standard Form Owner-Architect Agreement, Chapter 2, Alternative Clauses to Standard Construction Contracts, 2d ed., Aspen Law & Business, 1998, also 1999 Supp. (David A. Roberts).

Amending B151-1997: American Institute of Architects, Abbreviated Standard Form Owner-Architect Agreement, Chapter 4, Alternative Clauses to Standard Construction Contracts, 2d ed., Aspen Law & Business, 1998, also 1999 Supp. (David A. Roberts).

"Three Arbitrators and a Lawsuit," -a discussion of the enforceability of arbitration awards and the scope of arbitrator authority, RSI - Roofing, Siding, and Insulation Magazine, October 1999 (David A. Roberts).

"When is an Expert Truly Expert," -a discussion of a recent U.S. Supreme Court decision relating to the district court's role in evaluating the qualification of experts in technical litigation, and the district court's role in controlling the admission into evidence of so-called "junk science" or "junk engineering," RSI - Roofing, Siding, and Insulation Magazine, July 1999 (David A. Roberts).

"Actions Can Speak Louder than Words [on a Construction Project],"-a review of recent cases regarding contract formation, mutual departure, and verbal contract changes during the course of construction, RSI - Roofing, Siding, and Insulation Magazine, April 1999 (David A. Roberts).

"Does AIA's New Delegation of Design Responsibility Clause Affect You," -a discussion of the implications of recent revisions to standard form general conditions relative to questions of professional responsibility and allocation of risk in the construction context; RSI - Roofing, Siding, and Insulation Magazine, February 1999 (David A. Roberts).

"An Appreciation of the Art of Writing Specifications" -a witness to excellence in specification writing as demonstrated by Mike Okey, CSI, The Roofing Specifier Magazine, November/December 1999 (David A. Roberts).

"In Construction, "A Rose by Any Other Name" May Not Smell as Sweet," -a review of the importance of consistency and discipline in drafting project specifications to avoid construction disputes, The Roofing Specifier Magazine, July/August 1999 (David A. Roberts).

"Roofing Substitutions Come Back to Haunt Specifier"-a discussion of the importance of diligence in the substitution process during the construction phase, The Roofing Specifier Magazine, November 1998 (David A. Roberts).

"A Lawyer Looks At Partnering", Dixie Contractor, December 7, 1992, December 21, 1992, January 25, 1993, and February 8, 1992 (Philip E. Beck).

"A Ten Point Project Checklist," The Cincinnati Constructor, August 1991 (Thomas J. Kelleher, Jr.).

"After the Ball: Subsequent Use of Construction Documents After the Project for Which They Were Originally Prepared: A Sketchy Area of the Law." 17 Construction Lawyer 2 (David A. Roberts).

"Alternative Clauses to Standard Construction Contracts," John Wiley & Sons, Inc., April 1990; Editor: James E. Stephenson; Chapter authors: Glower W. Jones, Randall F. Hafer, James F. Butler, III, Frederic W. Stearns; Annual Supplements for 1991-1994: Glower W. Jones, Randall F. Hafer, James F. Butler, III, Frederic W. Stearns, E. Alan Arnold, John E. Menechino, Jr., Joseph P. Henner, Ivor J. Longo, George Papaioanou.

"Amending B141: Standard Form of Agreement Between Owner and Architect," Alternative Clauses to Standard Construction Contracts, Chapter 2, John Wiley & Sons, Inc., April 1990 (James E. Stephenson).

"Amending B151: Standard Form of Agreement Between Owner and Architect," Alternative Clauses to Standard Construction Contracts, Chapter 3, John Wiley & Sons, Inc., April 1990 (James E. Stephenson and Frederic W. Stearns).

"Amending A191: Standard Form of Agreement Between Owner and Design/Builder," Alternative Clauses to Standard Construction Contracts, Chapter 8, John Wiley & Sons, Inc., April 1990 (James F. Butler, III).

"Amending A191: Standard Form of Agreement Between Owner and Design/Builder," Alternative Clauses to Standard Construction Contracts, Chapter 14, John Wiley & Sons, Inc., April 1990 (James F. Butler, III).

"Amending A401: Standard Form of Agreement Between Contractor and Subcontractor," Alternative Clauses to Standard Construction Contracts, Chapter 16, John Wiley & Sons, Inc., April 1990 (Glower W. Jones and Randall F. Hafer).

"Amending EJCDC 1910-8: Standard General Conditions of The Construction Contract (Contractor)," Chapter 23, Alternative Clauses to Standard Construction Contracts, New York, John Wiley & Sons, Inc., 1992 Supplement (E. Alan Arnold and John E. Menechino, Jr.).

"Avoiding Construction Claims," Construction Digest, March 28, 1988 (Luther P. House, Jr.).

"Awarding Punitive Damages by Arbitration," The Construction Lawyer, Volume 7, Number 3, August 1987 (Glower W. Jones).

"Building Constructor," Deposition Strategy, Law and Forms, Matthew Bender, 1985 (Overton A. Currie, Patrick A. Thompson, Brian G. Corgan, and William R. Poplin).

"Chair Letter,"The Construction Lawyer, Volume 11, Number 4, October 1991 (Luther P. House, Jr.).

"Chair Letter," The Construction Lawyer, Volume 12, Number 1, January 1992 (Luther P. House, Jr.).

"Chair Letter," The Construction Lawyer, Volume 12, Number 2, April 1992 (Luther P. House, Jr.).

"Changed Conditions -- Basic Principles and Guidelines," Construction Briefings, No. 84-12, Federal Publications, Inc. (Overton A. Currie, Thomas E. Abernathy, IV, and Robert C. Chambers).

"Commentary," Yearbook of Construction Articles, 1985 (Overton A. Currie and Thomas J. Kelleher, Jr.).

"Commentary," Yearbook of Construction Articles, 1986 (Overton A. Currie and Thomas J. Kelleher, Jr.).

"Commentary," Yearbook of Construction Articles, 1987 (Overton A. Currie and Thomas J. Kelleher, Jr.).

"Construction and Project Management - The Structure and Its Impact on Project Participants/USA - The Experience and Trends," The International Construction Law Review, 1993 (Glower W. Jones).

"Construction Acceleration Claims," Construction Briefings, No. 87-8, Federal Publications, Inc. (Thomas J. Kelleher, Jr. and William E. Dorris).

"Construction Claims and Disputes in the 90's," Dixie Contractor, December 1990 (Luther P. House, Jr.).

"Construction Contractors: The Right To Stop Work," The International Construction Law Review, July 1992 (Glower W. Jones).

"Construction Contracts and Other Special Contract Types and Clauses," Developments in Government Contract Law, 1975 (Overton A. Currie and Thomas J. Kelleher, Jr.).

"Construction Contracts and Other Special Contract Types and Clauses," Developments in Government Contract Law, 1976 (Overton A. Currie and Thomas J. Kelleher, Jr.).

"Construction Contracts and Other Special Contract Types and Clauses," Developments in Government Contract Law, 1977 (Overton A. Currie and Thomas J. Kelleher, Jr.).

"Construction Contracts," Chapter 2, Negotiating Real Transactions, New York, John Wiley & Sons, Inc., 1988 (Overton A. Currie, James E. Stephenson, Philip E. Beck, and Randall F. Hafer).

"Construction Contract Litigation and Arbitration," Federal Publications, Inc., 1995 (Luther P. House, Jr. and Aubrey L. Coleman, Jr., and James K. Bidgood).

"Construction Litigation: Practice Guide With Forms," John Wiley & Sons, Inc., 1994 (Thomas J. Kelleher, Jr., Brian G. Corgan and William E. Dorris).

"Construction Subcontracting: Gaining Perspective on the Hub of Construction Activity", Construction Subcontracting, Chapter 1, John Wiley & Sons, Inc., 1991 (Overton A. Currie and Neal J. Sweeney).

"Contract Disputes Procedures," Engineering News Record, The McGraw-Hill Construction Weekly, March 1987 (Glower W. Jones).

"Contracting With the FED," Dixie Contractor, September 1990 (Thomas J. Kelleher, Jr.).

"Current Developments in Federal Grant Law and Its Effect on Construction Contracts," Construction Business Handbook, McGraw-Hill, 1984 (Overton A. Currie, Thomas E. Abernathy, IV, and Neal J. Sweeney).

"Current Status of Economic Loss Rule," 1992 Wiley Construction Law Update, Chapter 9, John Wiley & Sons, Inc (Luther P. House, Jr. and Hubert J. Bell, Jr.).

"Developments in Federal Construction Contracts," 1992 Wiley Construction Law Update, Chapter 12, John Wiley & Sons, Inc. (Thomas E. Abernathy, IV and Thomas J. Kelleher, Jr.).

"Differing Site (Changed) Conditions," Briefing Papers, No. 71-5, Federal Publications, Inc. (Overton A. Currie, Robert B. Ansley, and Thomas E. Abernathy, IV).

"Discharge Border Wars: Downstream State's Standards Govern Upstream State's in DPES Permit," Water Environment and Technology, May 1991 (Neal J. Sweeney).

"Do We Need Special ADR Rules for Complex Construction Cases?" The Construction Lawyer, August 1991 (Luther P. House, Jr. and Brian G. Corgan).

"Documenting The Job - A Key To Avoiding Litigation," Georgia Construction Annual, 1989 (William E. Dorris).

"Environmental Construction: Special Opportunities and Special Risks Involving Hazardous Materials and Toxic Substances," Construction Subcontracting: A Legal Guide for Industry Professionals, Chapter 18, J. Wiley & Sons, Inc., 1991 (Robert C. Chambers).

"Everything You Wanted to Know About Choosing the Right Lawyer," Construction Digest, June 5, 1989 (Luther P. House, Jr.).

"Federal Government Subcontracting," Construction Subcontracting: A Legal Guide for Industry Professionals, John Wiley & Sons, Inc., 1991; Chapter 4 (Glower W. Jones); Chapter 11 (Karl Dix, Jr. and John E. Menechino, Jr.).

"Florida Court Blocks Contractor's Claim Against County," Florida Constructor, June 1988 (Luther P. House, Jr.).

"Georgia Construction Law," Professional Education Systems, 1984 (Aubrey L. Coleman, Jr.).

"Georgia," Fifty-State Construction Lien and Bond Law, John Wiley & Sons, Inc., 1992 (Overton A. Currie and Neal J. Sweeney).

"Holding Subcontractors To Their Bids," Construction Briefings, No. 86-3, Federal Publications, Inc. (Overton A. Currie and Neal J. Sweeney).

"Identifying Warranty Risks," Georgia ABC Focal Point, October 1990 (Thomas J. Kelleher, Jr.).

"Impact of the Vienna Convention in Drafting International Sales Contracts," International Business Lawyer, September 1992 (Glower W. Jones).

"Improper Inspection -- Who Gets the Bill?," Dixie Contractor, March 27, 1989 (Thomas J. Kelleher, Jr.).

"Inadvertent Disclosure of Privileged Material," Georgia State Bar Journal, Volume 18, Number 4, May 1982 (Hubert J. Bell, Jr.).

"Inspection Under Fixed-Price Construction Contracts," Briefing Papers, No. 76-6, Federal Publications, Inc. (Thomas E. Abernathy, IV and Thomas J. Kelleher, Jr.).

"Is MBE Dead? -- Effect of Croson Decision," Dixie Contractor, March 27, 1989 (Philip E. Beck).

"Its the Law," Engineered Systems, 1991 (Patrick A. Thompson, David A. Dial, Glower W. Jones, and S. Gregory Joy).

"Keys to Success in Avoiding and Managing Claims," 1991 Wiley Construction Law Update, Chapter 6 (Overton A. Currie and Neal J. Sweeney).

"Legal Aspects of Doing Business in North America - Georgia," Kluwer, 1990. (Glower W. Jones).

"Letters of Credit in the United States Construction Industry," International Business Lawyer, Volume 14, Number 2, February 1986 (Glower W. Jones).

"Litigation With A Surety", Construction Default: The Contractors Bond, Practicing Law Institute, 1976 (Overton A. Currie and Aubrey L. Coleman).

"Mediation of Construction Cases in Florida," Florida Constructor, June 1990 (Randall F. Hafer).

"Midwest Region," 1992 Wiley Construction Law Update, Chapter 15, John Wiley & Sons, Inc. (Bert R. Oastler, Philip E. Beck, and Lisa Pender Morse).

"Modifying AIA Form Documents," Alternative Clauses to Standard Construction Contracts, Chapter 1, John Wiley & Sons, Inc., April 1990 (James E. Stephenson).

"Negotiating the Architectural Design Contract for the Owner," The International Construction Law Review, October 1991 (Glower W. Jones).

"New AIA Design and Construction Contract Documents," Development, December 1988 (James E. Stephenson and Neal J. Sweeney).

"New Russion Trade Laws: The Commercial Code of the Kalmyk Republic," International Business Lawyer, December 1994 (Glower W. Jones).

"Northeast Region," 1992 Wiley Construction Law Update, Chapter 13, John Wiley & Sons, Inc. (Glower W. Jones).

"Northwest Region," 1992 Wiley Construction Law Update, Chapter 17, John Wiley & Sons, Inc. (Philip L. Fortune and Lisa Pender Morse).

"Patent Infringements: The Composition of Reasonable and Entire Compensation Under 28 USC 1498," The Air Force Law Review, Volume 20, Number 2, 1978 (John T. Flynn).

"Performance Guarantees of Construction Contracts: Surety Bonds Compared to Letters of Credit as Vehicles to Guarantee Performance," The International Construction Law Review, 1994 (Glower W. Jones).

"Preparing & Settling Construction Claims," Construction Briefings, No. 83-12, Federal Publications, Inc. (Overton A. Currie, Luther P. House, Jr., Thomas E. Abernathy, IV, and Thomas J. Kelleher, Jr.).

"Prompt Payment Act Amendments, New Rights Obligations and Remedies," Florida Constructor, March-April 1989 (Thomas J. Kelleher, Jr.).

"Punitive Damages in Arbitration in the USA," International Business Lawyer, June 1986 (Glower W. Jones).

"Punitive Damages as an Arbitration Remedy," Journal of International Arbitration, Geneva, Switzerland, Volume 4, Number 2, June 1987 (Glower W. Jones).

"Remedies for International Sellers of Goods," United States Chapter, Sweet & Maxwell, London, 1993 (Glower W. Jones).

"Selecting a Third-Party Neutral," Alternative Dispute Resolution in the Construction Industry, Chapter 11, John Wiley & Sons, Inc., 1991 (Randall F. Hafer).

"Settling Construction Claims," Dixie Contractor, January 1989 (James E. Stephenson).

"Seven Solutions to Common D/B Contract Issues," Contractor's Business Management Report, February 1995 (James F. Butler).

"Southeast Region," 1992 Wiley Construction Law Update, John Wiley & Sons, Inc. (Overton A. Currie, Neal J. Sweeney, and D. Lee Roberts, Jr.).

"Southwest Region," 1992 Wiley Construction Law Update, Chapter 16, John Wiley & Sons, Inc. (Brian G. Corgan).

"Specifying Geosynthetics: Who Shares the Risks?" Geotechnical Fabrics Report, November 1989 (Robert C. Chambers).

"Subcontract Form: Prime Contractor's Perspective," Construction Subcontracting: A Legal Guide for Industry Professionals, Chapter 4, John Wiley & Sons, Inc., 1991 (Glower W. Jones and Randall F. Hafer).

"Subcontractor Default," Construction Briefings, No. 89-5, Federal Publications, Inc. (Overton A. Currie and Neal J. Sweeney).

"Taking Steps to Avoid Litigation," Builder & Contractor, April 1989 (Brian G. Corgan).

"The AIA A201 Claims Procedure Maze," Engineered Systems, August 1990 (Thomas J. Kelleher, Jr. and Patrick A. Thompson).

"The Contractor Contemplating Litigation and Its Alternatives," Chapter 1, Construction Litigation: Representing the Contractor, New York, John Wiley & Sons, Inc., 1986 (Overton A. Currie, James E. Stephenson, and Philip E. Beck).

"The Contractor Contemplating Litigation and Its Alternatives," Chapter 2, Construction Litigation: Representing the Contractor, New York, John Wiley & Sons, Inc., 1992 (Overton A. Currie, James E. Stephenson, and Philip E. Beck).

"The Economic Loss Rule: A Fair Balancing of Interests," The Construction Lawyer, April 1991 (Luther P. House, Jr. and Hubert J. Bell, Jr.).

"The Owner Contemplating Litigation and Its Alternatives," Chapter 1, Construction Litigation: Representing the Owner, New York, John Wiley & Sons, Inc., 1984 (Overton A. Currie, James E. Stephenson, and Philip E. Beck); Second Edition, 1989.

"The Rule Contra Proferentum in the Government Contract Interpretation Process," The Public Contract Law Journal, Volume II, Number 2, 1980 (John T. Flynn).

"The U.S. Perspective on Procedures for Subsurface Ground Conditions Claims," The International Construction Law Review, April 1990 (Glower W. Jones).

"The Value of a Project Checklist," The Cincinnati Constructor, April 1991 (Thomas J. Kelleher, Jr.).

"UNCITRAL Draft Convention on International Guaranty Letters," International Business Lawyer, January 1994 (Glower W. Jones).

"Understanding Construction Contracts: A Myriad of Special Clauses," Volume 41, 1-14, Arbitration Journal, March, 1986 (Overton A. Currie and William E. Dorris).

"VA Contracts - How Equitable Are Adjustments When Change Orders Delay A Project," AGC Constructor, March 1991 (Thomas J. Kelleher, Jr. and William E. Dorris).

"Warranties: U.N. Convention on Contracts for the International Sale of Goods Compared to U.S. Uniform Commercial Code on Sales," International Business Lawyer, December 1989 (Glower W. Jones).

"West Region," 1992 Wiley Construction Law Update, Chapter 18, John Wiley & Sons, Inc. (Randall F. Hafer).

"Who Gets the Bill?," Dixie Contractor, March 1989 (Thomas J. Kelleher, Jr.).

"Who Pays for Zoning? Sun/Coast Architect/Builder, Volume 54, Number 6, June 1989 (Randall F. Hafer).

"Win Punitive Damages in Arbitration, ABA Journal, May 1, 1987 (Glower W. Jones).

"Winning Strategies for Proving and Pricing Construction Claims," Proving and Pricing Construction Claims, Chapter 1, John Wiley & Sons, Inc., 1990 (Overton A. Currie and Neal J. Sweeney).

1992 Wiley Construction Law Update, John Wiley & Sons, Inc. (Overton A. Currie and Neal J. Sweeney).

1993 Wiley Construction Law Update, John Wiley & Sons, Inc. (Overton A. Currie and Neal J. Sweeney).

1994 Wiley Construction Law Update, John Wiley & Sons, Inc. (Overton A. Currie and Neal J. Sweeney).

1995 Wiley Construction Law Update, John Wiley & Sons, Inc. (Overton A. Currie and Neal J. Sweeney).

1995 Developments in Federal Construction Contracts, Wiley Construction Law Update, John Wiley & Sons, Inc. (Thomas E. Abernathy and Thomas J. Kelleher, Jr.).

1996 Wiley Construction Law Update, John Wiley & Sons, Inc. (Overton A. Currie and Neal J. Sweeney).

1997 Wiley Construction Law Update, John Wiley & Sons, Inc. (Overton A. Currie and Neal J. Sweeney).

1998 Wiley Construction Law Update, John Wiley & Sons, Inc. (Overton A. Currie and Neal J. Sweeney).

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