The Atlanta Lawyer March 2018 | Page 25

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 25