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David Hatem practices in:
Professional Practices
Printable Bio

David Hatem, PC listed in Boston's Best Lawyers® 2009

David authors three white papers:

"Public-Private Partnerships: Opportunities and Risks for Engineers and Constructors Involved in Subsurface Projects"

"Design Responsibility in Integrated Project Delivery: Looking Back and Moving Foward"

"Third-Party Liability for Design Professionals - The Pendulum Begins to Swing Back: Recent Judicial Limitations on the Negligent Misrepresentation Exception to the Economic Loss and the Spearin Implied Warranty Doctrines"

David J. Hatem

Partner

617-406-4800 Direct Telephone
617-406-4501 Facsimile
DOWNLOAD VCARD

David Hatem is a Founding Partner of the Boston-based law firm, Donovan Hatem LLP. He leads the firm's Professional Practices Group, which represents engineers, architects and construction management professionals. David is nationally recognized for his expertise in law related to the design and construction industry. He is regularly called upon by this country's leading architect-engineering firms to provide procurement advice to public owners contemplating major projects and to propose risk management strategies, and solutions, especially on major subsurface projects.

Throughout his career, David has dominated the representation of consulting engineers and construction managers, providing services to major Boston-area construction projects, including: the Massachusetts Water Resources Authority's Boston Harbor Cleanup Project, and its Metrowest Tunnel Project; the Massachusetts Highway Department's Route 3 Design-Build Project; the Massachusetts Bay Transit Authority's Greenbush Project; and, most prominently, the Massachusetts Turnpike Authority's Central Artery/Tunnel Project. In addition, David has been retained by professional liability insurers under Owner-Controlled Insurance Programs to represent engineering consultants and construction program management professionals on major underground projects throughout the United States, including New York City's East Side Access Project and Second Avenue Subway Project, L.A. Metro's Red Line and East Side Extension Projects, Seattle's Sound Transit Project, Milwaukee Metropolitan Sewage District's Deep Tunnel Project, Dallas' DART Light Rail Transit Project and Houston's Rapid Transit Project. David is presently providing risk management/insurance advice regarding a proposed professional liability OCIP Program for the Second Avenue Subway Project in New York.

David frequently lectures on issues of professional liability for design and construction management professionals, risk management and Design-Build procurement issues, and he has authored numerous related articles. Attorney Hatem also teaches a course at Tufts University, "Legal Aspects of the Engineering Process."

Recent Honors & Awards
  • 2008 American Council of Engineering Companies of Massachusetts Distinguished Service Award. ACEC/Massachusetts presents this award only in years in which a candidate distinguishes him or herself through the extraordinary support of the engineering profession.


  • Recently selected by his peers, for the 6th year running, for inclusion in The Best Lawyers in America® 2009 in the fields of Construction Law and Professional Malpractice. The Best Lawyers in America® lists attorneys who have been selected through an exhaustive nationwide survey in which thousands of leading attorneys evaluate their professional peers. The 2009 edition of Best Lawyers is based on more than 2.4 million peer evaluations. Best Lawyers is considered the gold standard of reliability and integrity in lawyer rankings.*

  • *The Best Lawyers in America® 2009. Copyright 2008 by Woodward/White, Inc., Aiken, SC

Admitted To Practice

  • Massachusetts, 1977
  • United States District Court and U.S. Court of Appeals, First Circuit, 1978
  • U.S. Court Of Appeals, Seventh Circuit, 1982
  • U.S. Claims Court, 1983

Education

  • Boston University (B.A., magna cum laude, 1974; J.D., 1977)
  • Editor, Boston University Law Review, 1976

Business and Professional Associations

  • American Bar Association
  • Massachusetts Bar Association
  • Professional Practice Committee, Boston Society of Architects, 1984
  • Legal Counsel: American Council of Engineering Companies of Massachusetts, 1988-present
  • General Counsel for Design Build Institute of New England, Inc., 2000-present
  • American Society of Civil Engineers (Affiliate Member)
  • Boston Society of Architects/AIA (Corporate Affiliate Member)
  • Transportation Research Board (Organizational Affiliate Member)
  • National Council for Public-Private Partnership (Corporate Member)
  • International Bridge, Tunnel, and Turnpike Association (Associate Member)
  • ASFE (Individual Consultant Member)
  • New York Building Congress (Member)

Articles and Publications

Instructor
Legal Aspects of the Engineering Process, Tufts University, 1994 – present.