“Construction law covers all range of topics and all range of personalities. I don't think you're going to meet any greater entrepreneurial spirit than exists in a general contractor.”

Mr. Hudson has achieved successful verdicts, judgments and awards on behalf of clients in hundreds of state and federal jury trials, arbitrations and administrative hearings.

Mr. Hudson focuses on Atlanta Georgia Construction Law but his wide breadth of knowledge and experience covers complex commercial litigation, risk management, business torts, contract disputes, and general business law.

Mr. Hudson primarily represents insurance carriers, general contractors, developers, and some large specialty contractors and manufacturers in commercial projects throughout Georgia and in many other states. As both a legal counselor and an advocate, Mr. Hudson advises general contractors and developers on issues ranging from day to day operations, to drafting AIA construction contracts, to litigation and arbitration.

“The reason I primarily represent general contractors rather than subs, is GCs are the law and order guys. My background in complex commercial litigation and my years as a prosecutor in the Attorney General’s office come together in construction law on behalf of general contractors. There's a natural play between the law enforcement of a general contractor and a prosecutor's mentality. A general contractor expects that it's going to control its jobsite through rules and it expects people to follow those rules.”

Mr. Hudson's years of complex litigation experience and as Assistant Attorney General for the State of Georgia are invaluable when it comes to his representation of clients in complex business and construction matters.

“Being a trial attorney and an advocate for my clients in many areas of their businesses requires complete discipline, preparation, planning, endurance and adaptive mental focus. These same attributes are required to complete a 25 mile constant climb to the top of Mt. Mitchell - the highest peak in the Appalachians. I’ve completed what’s called the Assault on Mt. Mitchell three times and each experience has improved me as a person and as an attorney. I’ve learned to push just as hard to help my clients reach their goals as I have to push to reach that summit.”

The art of representing a general contractor

"I think what makes me good at my job is being able to recognize that it's more than just a statement of what the contract says. I have to be able to articulate why that statement is fair if we’re going to get disputes settled efficiently and economically.”

Mr. Hudson is highly regarded for his knowledge in the area of Atlanta Georgia construction law.

Representative Case History

Construction

Code violations; contract negotiations and disputes (expertise in all provisions of AIA contracts); defective construction claims (electrical, energy systems, grading elevation busts, high-rise pool decks and pool liners, HVAC, lien foreclosure actions, liens filed by subcontractors, mold, modular walls, structural, toxic fumes, and a wide variety of defective product matters imported from China), delay claims, design claims, lien foreclosure and surety claims, environmental, fraud claims; pay when paid defense, insurance coverage scope and denial, prompt pay act claims, termination for cause and for convenience claims and warranty claims.

• Lead counsel in Elite Flooring v. Choate Construction, Georgia Court of Appeals June 11, 2009 (affirmed General Contractor Subcontract provision regarding condition precedent to resolving claims).

• Lead counsel for general contractor in successfully resolving case involving leaks in exterior brick sheathing and related mold claims.

• Lead counsel in resolving favorably a case alleging damages in excess of $20,000,000 associated with competing specialty contractors and allegations of theft of computer information, violations of computer fraud abuse act and violations of Georgia’s trade secrets protections.

• Lead counsel for general contractor in successfully resolving case involving mold in nursing home facility and a determination of the cause (ultimately attributed to outside sprinkler system and location of HVAC window units)

• Lead counsel for general contractor in successfully resolving multiple cases involving defective exterior sheathing product and propensity to grow mold (included claims raised before and after installation of product and related delays and increased construction costs)

• Lead general counsel and dispute resolution services to General Contractors of various revenue sizes from $10,000,000 to over $1,000,000,000.

• Lead counsel for General Contractor in obtaining multi-million dollar judgment against subcontractor for delays and defective construction.

• Lead counsel for general contractor in defeating multi-million dollar claims for delays and overages associated with defective granite from China and in obtaining successful resolution of surety on performance bond obligations.

• Lead counsel for general contractor in defeating over a million dollars in claims for delays and overages associated with untimely and defective stucco and drywall installation by subcontractor.Lead counsel in negligent construction case arbitration. Obtained award of $500,000 on behalf of client, as inclusion of punitive damages and attorney fees.

Employment

Defending discrimination matters based on race, sex and the American’s with Disabilitys Act, covenants not to compete, confidentiality covenants, and theft of intellectual property - computer theft statutes and theft of trade secrets.

Lender Liability

Fraud, negligent omission and representation, participating loan claims; Professional Negligence copyright claims, design defects.

Business Torts

• Represented bank in first case before Fulton County Business Court. Suit was initiated by the Georgia Insurance Commissioner alleging $5,000,000 fraud in connection with an insurance company application. Obtained summary judgment in favor of client on all counts, resulting in favorable settlement.

• Lead counsel in obtaining multi-million dollar resolution in Fulton Superior court alleging breach of a joint venture and related fraud.

• As lead counsel, obtained a jury verdict on behalf of commercial real estate broker in a fee dispute action in Fulton Superior Court. Verdict upheld on appeal. Lifestyle Family, C.P.U Lawyers Title Ins. Corp., 256 Ga. App. 305 (2002).

Published Decisions

• Interfinancial Midtown, Inc. v. Choate Const. Co., 284 Ga. App. 747, (2007) (court affirmed enforceability of settlement).
• Pazur v. Belcher, 272 Ga. App. 456, (2004) (case addressed statute of limitations and sequencing of actions against a corporation and individual to pierce the corporate veil).
• ABF Capital Corp. v. Yancy, 264 Ga. App. 850, (2003) (case addressed statute of limitations applicable to limited partnerships).
• Lifestyle Family, L.P. v. Lawyers Title Ins. Corp., 256 Ga. App. 305, (2002) (case addressed standard of procuring cause for asserting right to broker commissions).
• Elder v. State, 230 Ga. App. 122, (1998) (case affirmed jury verdict obtained by Hudson as lead prosecutor in securities fraud matter).
• Georgia Real Estate Com’n v. Peavy, 229 Ga. App. 201, (1997) (case addressed standard for revoking real estate broker’s license based on misrepresentations).
• Schlachter v. Georgia State Bd. Of Examiners of Psychologists, 215 Ga. App. 171 (1994) (case affirmed Georgia’s position on discovery in administrative law actions).
  

  Federal:

• Scott v. ING Clarion Partners, LLC, Slip Copy, 2007 WL 1391386, (N.D.Ga., May 07, 2007) (co-counsel with Halsey G. Knapp, Jr. in class action addressing legitimacy of non-refundable fees in residential leases).
• Tillman v. Miller, 133 F.3d 1402 (1998) (as lead counsel argued First Amendment constitutionality of Georgia Workers compensations Truth in Advertising).Statewide Detective Agency v. Miller, 115 F.3d 904, (1997) (as lead counsel argued First Amendment of constitutionality of restrictions on disclosures of accident reports).
• Coleman v. Cannon Oil Co., 911 F. Supp. 510 (M.D. Alabama 1995) (following successful certification of class action in gasoline price fixing antitrust action and subsequent jury trial, decision addressed award of attorneys fees).