that the defendant was aware or
should have been aware of both
the expanded scope of work and
project delays. The defendant’s
case ultimately rested on provi-
sion of the contract that required
the contractor to adhere to a set
of state regulations. From my
perspective as a law student, the
regulations seemed somewhat
obscure and I questioned their
relevance. I started advancing ar-
guments based on public policy
and fairness. to review those records for the
purpose of disputing or mitigat-
ing such costs in a timely manner.
Judge Tusan patiently discussed
with me my viewpoints and en-
couraged me to dig deeper as I
read over depositions and helped
evaluate evidence of change
orders, memos and emails.
Together, we assessed the briefs
submitted in support and op-
posing the motion. I recall her
musing aloud: “there must be a
reason why the regulations were
incorporated into the contract.”
Obviously, the purpose behind
obtaining written change orders
prior to engaging in additional
work is to provide fair notice of
additional costs. Moreover, the
strict record keeping require-
ments contained within the state
regulations potentially could have
allowed the defendant (upon suf-
ficient notice of additional costs) The law is the objective standard
that applies equally to us all, which
exists to protect citi-
zens, both individual
persons and corpo-
rate entities,when
differences of opin-
ion and competing
interests prevent us
from resolving con-
flicts. Legal prin-
ciples often, just as
they did for me in
this case, change
our initial view of
the facts as well as
our opinions as to
the outcome. As Judge Tusan ex-
pressed to me at the time: good
court decisions leave you intel-
lectually satisfied with the analysis,
though sometimes emotionally
Through perseverance, I was able
to fit the facts of the case into a
conceptual framework construct-
ed by the underlying purpose
behind the contract provisions.
It was invaluable for me as a law
student interested in pursuing a
legal career as a litigator to observe
first-hand the trial court’s decision
making process.
dissatisfied with the result.
As we pause to reflect upon the
changing of the gavel, it is right
that we should recognize Gail
Tusan’s continuing service to the
State of Georgia. In addition to
serving as an able administrator
and jurist, Judge Tusan has en-
couraged and inspired many to
seek to understand the law and to
hold public office with a servant’s
heart. Like others who spoke at the
Change of the Gavel Ceremony, I
will always look to my time with
Judge Tusan as a lesson in who I
should aspire to be as a member
Honorable Gail S. Tusan
of the Bar. Thank you, Judge, for
your passionate mentorship to
so many young lawyers, and for
your dispassionate devotion to
the law.
▪
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER
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