Hendrick Phillips Salzman & Flatt

Publications

David Hendrick

Author: “Insurance Law: Understanding The Basics Regarding ‘Additional Insureds’", Practicing Law Institute, “Insurance Law: Understanding The Basics”, (2002 and 2003).

“Condominium Construction in Georgia” Lorman Education Services, Atlanta, Georgia, (September 2007);

“Lessons Learned: Anticipating And Resolving Project Disputes - If Your Project Is Special, Why Shouldn’t Your Dispute Resolution Clause Be Special?” ABA Forum on the Construction Industry, Annual Meeting, Puerto Rico (April 2007).

“New” (and “Improved”?) Standard Contract Documents (AIA and CICC 2007 Documents) Contract Terms and Conditions: The Future Is Now“, American Subcontractors Association Business Forum and Convention, Tucson, Arizona (March 2007).

“Contractual Considerations and Measures to Minimize or Avoid Increased Risks of Condominium Defect Litigation, Protecting and Preserving Lien Rights, the Georgia “Right to Cure” Statute,” Condominiums: Opportunities & Pitfalls in Today’s Environment, The Seminar Group, Atlanta, Georgia (March 2007).

“On The Arbitration Side - What To Do – Or Not Do – In An Arbitration: Or How Parties And Their Counsel Can Mess Up A Perfectly Good Case”, and “Presenting Or Defending Your Defect Case – Arbitrator / Mediator Perspective”, "Construction Defects - Water Intrusion & Other Calamities," The Seminar Group, Atlanta, Georgia (July 2005).

“Insurance Law: Understanding The Basics Regarding ‘Additional Insureds’", Practicing Law Institute, “Insurance Law: Understanding The Basics”, (2002 and 2003).

“Post Hearing Issues” in the Program “The Arbitration of a Construction Dispute for Beginning to End”, Co-Sponsored by Institute of Continuing Legal Education in Georgia and the American Arbitration Association, Atlanta (January 2001).

“The General Contractor Factor”, published by National Association of Credit Management (April 1993).

"The Contractor Factor," Published by the American Subcontractors Association (1992).

"Attacking Calculations of Contractor Damages", published by Construction Education Management Corporation and ENR in its Manual "CALCULATION AND PROOF OF DAMAGES" (1987).

"A New Concept: Preliminary Notice of Lien Rights", GEORGIA STATE BAR JOURNAL, Volume 19, No. 1 (August, 1982).

Co-Author:

“Delay and Disruption Claims in Georgia”, Lorman Program, Atlanta, Georgia (February 2006).

“How to Succeed at Contract Changes And Claims in Georgia”, Lorman Program, Atlanta, Georgia (January 2006).

“Cashing In On Design-Build Projects While Protecting Your Wallet - An Advanced Course on Design-Build”, Lorman Educational Services, Savannah, Athens and Atlanta, Georgia, (January - February, 2003).

"Fifty State Public Construction Contracting Volume 1: Chapter 12 - Georgia Law on Public Contracting", Wiley Law Publications, John Wiley & Sons, Inc. (1996).

"Battling For The Bucks: The Great Contingency Payment Clause Debate", THE CONSTRUCTION LAWYER, Journal of the Construction Industry Published by the Forum on Construction of the American Bar Association, Vol. 16, No. 3, pp. 12 et seq (July 1996).

"Georgia Public Contracting," Chapter in PUBLIC CONSTRUCTION CONTRACTING IN THE FIFTY STATES, Wiley Law Publications, John Wiley & Sons, Inc. (1995).

"The [Georgia] Bidding Process," Chapter in GEORGIA CONSTRUCTION LAW, Shepard's/McGraw-Hill (1995).

"Definition and Certification of `Claims' on Federal Public Works Under the Contract Dispute Act - Smoothing Out the Increasingly Rocky Road to Recovery," Vol. 13, No. 2 "THE CONSTRUCTION LAWYER," ABA Forum on Construction (April 1993).

"Pre-Arbitration Discovery," Chapter in "ADR - A PRACTICAL GUIDE TO RESOLVE CONSTRICTION DISPUTES IN THE CONSTRUCTION INDUSTRY" American Arbitration Association (1992).

"Safeguarding Your Subcontract Rights," Published by the American Subcontractors Association (1991).

"Lender Liability to Constructors and Other Third Parties" Chapter, TROUBLED CONSTRUCTION LOANS LAW AND PRACTICE, Wiley Law Publications, Inc. (1991).

"Formal and Informal 'Discovery' Procedures and Their Enforcement in Arbitration"; Chapter in "ALTERNATIVE DISPUTE RESOLUTION IN THE CONSTRUCTION INDUSTRY: WILEY LAW GUIDE TO HANDLING CONSTRUCTION DISPUTES THROUGH ARBITRATION, MEDIATION AND MINI-TRIALS," Wiley Law Publications, Inc. Co-Author: "Representing the Owner in Disputes with Suppliers and Manufacturers" Chapter in CONSTRUCTION LITIGATION: REPRESENTING THE OWNER, SECOND EDITION (1989), Wiley Law Publications, Inc. (1991)

"Representing Subcontractors - Trying to Minimize the Risks", GEORGIA STATE BAR JOURNAL, Volume 14, No. 3 (February 19, 1978).

Stephen M. Phillips

Author:

“State immigration laws increase employer liability,” Professional Roofing, August 2007.

“It’s important to understand the effects of naming additional insureds,” Professional Roofing, April 2007.

“H-2B Visas may be an option for Contractors in need of employees,” Professional Roofing, December 2006.

“Electronic verification of employees is likely to be required as the immigration debate intensifies,” Professional Roofing, June 2006.

“Dispute Resolution Depends On The Way Courts Interpret Contracts,” Professional Roofing, February 2006.

“More States Have Enacted Construction-Defect Statutes That Can Benefit You,” Professional Roofing, October 2005.

“When You Submit Payment Requests, Release Language Becomes Crucial,” Professional Roofing, June 2005.

“Handling Volatile Material Pricing,” Professional Roofing, February 2005.

“Are Liquidated Damages Enforceable?,” Professional Roofing, October 2004.

“Contract Discrepancies,” Professional Roofing, June 2004.

“Precedents and Contract Provisions,” Professional Roofing, February 2004.

William D. Flatt

Author:

The Design/Build Deskbook (Georgia Chapter, American Bar Association, 2000 2nd ed. and 2004, 3d ed.).

Who is Liable for Design Specs?, Concrete Construction, Vol. 44, No. 1 (Jan 1999)

The Design/Build Process: A Guide to Licensing and Procurement Requirements in the 50 States and Canada, Georgia Chapter, American Bar Association (1997);

The Design/Build Cookbook, Georgia Chapter, American Bar Association, Forum on the Construction Industry (1996)

Who Is Liable for Design Specs?, Concrete Repair Digest, Vol. 6, No. 2 (April/May 1995); Co-author, Who Is Liable for Substituted Materials, Concrete Repair Digest, Vol. 5, No. 3 (June/July 1994);

Don't Let Looming Language Blue Your Understanding of a Contract Document, Professional Roofing, Nov. 1993

Note, The Expanding Liability of Design Professionals, 20 Mem. St. U.L. Rev. 611 (1990); Case Comment, Who Bears the Burden of Proving an Alternative Measure of Damages: Nutzel v. Goodwin, 20 Mem. St. U.L. Rev. 465 (1990)

Co-Author:

"Delay and Disruption Claims in Georgia"Lorman Program, Atlanta, Georgia (February 2006).

“How to Succeed at Contract Changes And Claims in Georgia”, Lorman Program, Atlanta, Georgia (January 2006).

Construction Business Handbook, Pitfalls of Subcontracts: From the Subcontractor’s Point of View, Ch. 7 (Aspen 2004).

"Cashing In On Design-Build Projects While Protecting Your Wallet - An Advanced Course on Design-Build", Lorman Educational Services, Savannah, Athens and Atlanta, Georgia, (January - February, 2003).

ADR–A Practical Guide to Resolve Construction Disputes, Pre-Arbitration Discovery, ch. 11 (American Arbitration Association 1994)

Construction, Mechanics' & Materialmen's Liens–Defending Against a Construction Lien Claim, Institute of Continuing Legal Education in Georgia, Construction Law Seminar, June 4, 1993.

When the Earth Moves and Buildings Tumble, Who Will Pay?–Tort Liability and Defenses for Earthquake Damage Within the New Madrid Fault Zone, 22 Mem. St. U.L. Rev. 1 (1991); Plan for Security During Airfield Construction Projects, Airport Services, Vol. 28, No. 12, 1988.

Plan for Security During Airfield Construction Projects, Airport Services, Vol. 28, No. 12, 1988.

Publications Citing Mr. Flatt's Articles: Note, Walking the Line Between Contract and Torn in Construction Disputes: Assessing the Use of Negligent Misrepresentation to Recover Economic Loss After Presnell, 95 Ky. L.J. 145 (2007); C. Circo, Contract Theory and Contract Practice: Allocating Design Responsibility in the Construction Industry, 58 Fla. L. Rev. 561 (2006); G. Hanks, Jr., Glazing into the Murky Crystal Ball: The Rise of Design Professional Liability for the Criminal Acts of Third Parties, 4 Hous. Bus. & Tax. L.J. 339 (2004); A. Milani, Oh, Say, Can I See--And Who Do I Sue If I Can't: Wheelchair Users, Sightlines Over Standing Spectators, and Architect Liability Under the Americans with Disabilities Act, 52 Fla. L. Rev. 523 (2000); Note, If You Build It, Can They Sue? Architects' Liability Under Title III of the ADA, 68 Fordham L. Rev. 137 (1999); D. Binder, The Duty to Disclose Geologic Hazards in Real Estate Transactions, 1 Chap. L. Rev. 13 (1998); D. Binder, Act of God? or Act of Man?: A Reappraisal of the Act of God Defense in Tort Law, 15 Rev. Litig. 1 (1996); C. Fain, Architect and Engineer Liability, 35 Washburn L.J. 32 (1995); M. Vardaro, Statutes of Repose--The Design Professional's Defense to Perpetual Liability, 10 St. John's J. Legal Comment. 697 (1995); D. Thomson, Arbitration Theory and Practice: A Survey of AAA Construction Arbitrators, 23 Hofstra L. Rev. 137 (1994); R. Meyers, III, Risk Allocation from the Designer's Perspective, Designer: Professional Service Provider with Deliverables, 480 PLI/Real 147 (2002); R. Meyers, III, Risk Allocation from the Designer's Perspective, The New AIA Contract Documents: What's Good and What's Bad from the Owner's Perspective, 467 PLI/Real 147 (2001); R. Meyers, III, Risk Allocation from the Designer's Perspective, Designer: Professional Service Provider with Deliverables, 452 PLI/Real 129 (2000); R. Meyers, III, Risk Allocation from the Designer's Perspective, 443 PLI/Real 67 (1999); S. Mackie, Negligence of Design and Construction Engineer, 17 Am. Jur. Proof of Facts 3d 49 (2007)

Philip J. Siegel

Author:

“Those Traveling Times,” Professional Roofing (May 2003).

“Should You Be Watching,” Professional Roofing (August 2003).

“Should I cash this check?” Professional Roofing (April 2004).

“Paying Prevailing Wages,” Professional Roofing (December 2003).

“Collecting Attorneys’ Fees,” The Rooftopper (publication of the Roofing & Sheet Metal Contractors Association of Georgia, Inc.) (April/May/June 2004).

“Overtime!”, Professional Roofing (August 2004).

Avoiding Common Legal Taps”, Professional Roofing (December 2004).

“Should I Cash This Check?”, MarketTracks (publication of the AMAROK nationwide co-op of independent gypsum and drywall distributors) (December 2004).

“Should I Cash This Check?”, Aquatech Newsletter (publication of Aquatech Corporation nationwide co-op of swimming pool contractors) (Author: “Workers’ Comp and Employer Rights”, Professional Roofing (April 2005).

“Illegal Immigrant or Independent Contractor,” Professional Roofing (August 2005).

“Keeping Former Employees Away From Your Customers”, Professional Roofing (December 2005).

“Beware of the Wage & Hour Investigator”, Professional Roofing (April 2006).

“Recent court cases reiterate the importance of treating employees appropriately”, Professional Roofing (August 2006).

“Can I See Your Social Security Card?”, Professional Roofing (February 2007).

David M. Gersh

Author:

"No Points For Second Place: Local Preference Laws Can Determine The Awarding of Public Contracts," Professional Roofing (June 2007).

"Overlooked Opportunities: How To Benefit From Federal Programs Targeted At Small Businesses," Professional Roofing (October 2006).

Note, Poor Judgment: Why the Iraqi Special Tribunal is the Wrong Mechanism for Trying Saddam Hussein on Charges of Genocide, Human Rights Abuses, and Other Violations of International Law, 33 GA. J. INT’L & COMP. L. 273 (2004).

Brian P. McCormack

Author:

Your Thoughts May Deceive You: The Constitutional Implications of Brain Finger- printing Technology and How It May Be Used to Secure Our Skies, 30 LAW & PSYCHOL. REV. 171 (2006).

"The Times They Are A-Changin": How Current Provisions of the Digital Millennium Copyright Act, Recent Developments in Indirect Copyright Law and the Growing Popularity of Student Peer-to-Peer File-Sharing Could "Chill" Academic Freedom and Technological Innovation in Academia, 32 J.C. & U.L. 709 (2006).