The Design & Construction Management Professional Reporter: Summer 2018

00Inside This Issue:
A Project Manager May Owe a Duty of Care to a General Contractor Without Privity of Contract
By: Denise A. Brogna
No One Would Buy the House: Tennessee Court Holds That Defendant Has Burden of Demonstrating Cost of Repairs to Damaged Real Property in Certain Circumstances
By: Jennifer A. Lincoln
Practice Tips for Engineers Facing Ethical Dilemnas
By: Molly E.

Read More

The Design & Construction Management Professional Reporter: April 2018

00Inside this Issue:
Colorado Court of Appeals Rules On Implementation Of Settlement Setoff
By: Joseph M. Gesker
Federal District Court Dismisses Cross-Summary Judgment Motions in Copyright Action
By: Z. Michael Gu
Massachusetts Appeals Court Reverses Dismissal of Complaint Under Anti-Slapp Statute
By: Patricia B. Gary
Penzel: Missouri Court of Appeals Applies Spearin and Modified Total Cost Damages in Two Instances of First Impression
By: Jennifer A.

Read More

The Design & Construction Management Professional Reporter: December 2017

00Inside this Issue:
Design-Build & Public-Private Partnerships: Managing Cost Overrun Risk for Project Owners On Infrastructure Megaprojects
By: John Reilly P.E., C.P.Eng. and David J. Hatem, PC, Esq.
Abstract
Cost overrun risk for owners has been a significant concern, prompting development of a number of best practices to more realistically identify and quantify risks that impact cost and schedule on megaprojects and to prudently allocate those risks among project participants.

Read More

The Design & Construction Management Professional Reporter: June 2017

Inside this issue:

Massachusetts Federal District Court Applies Fed. R. Civ. P. 9(b) Heightened Standard of Pleading to Negligent Misrepresentation Claim

By Molly E. Manson, Esq.

Good Neighbor Design Practices: How Prudent Design Decision-Making Can Increase Project Success and Limit Professional Liability Exposure

By David J. Hatem, PC and Molly E. Manson, Esq.

Construction Control Affidavits and the Importance of Defining Design Professional Scope of Work

By Bryan R. Wieland, Esq.

Recent Case Highlights Important Business Lesson

By Brian C. Newberry, Esq.

Massachusetts Appeals Court Affirms Dismissal of Complaint Against Design Professionals Based Upon the Three-Year Statute of Limitations

By Patricia B. Gary, Esq.

Divergent Outcomes in Massachusetts Cases Demonstrate the Effect of a Comprehensive Bar Against Damages in a Subcontract

By Jennifer A. Lincoln, Esq.

Read More

The Design & Construction Management Professional Reporter: March 2017

Inside this issue:

Acceptance of Initial Design Documents in Divisible Design Contract Triggers Accrual of a Breach of Contract Action Against Design Professional

By Molly E. Manson, Esq.

Limitation of Liability Provision May Not Preclude Recovery Under Chapter 93A if Claim is Based Upon Fraudulent Conduct

By Patricia B. Gary, Esq.

New Hampshire Supreme Court Rules Municipalities Have Limited Time to Bring Lawsuits Against Design Professionals for Municipal Contract Breaches

By James L. Soucy, Esq.

Considering the Costs of Contract Arbitration Clauses

By Brian C. Newberry, Esq.

Read More

The Design & Construction Management Professional Reporter: December 2016

Inside this issue:

Diverse and Bifurcated Design Roles: Distinguishing Design Responsibility and Design Risk Allocation

By David J. Hatem, PC

Read More

The Design and Construction Management Professional Reporter: September 2016

Inside this issue:

Supreme Court Rules That Grounds for Judicial Review of an Arbitration Award Cannot be Altered by a Contract

By Kristen R. Ragosta, Esq.

Colorado Supreme Court Finds Tort Claims Not Barred by the Economic Loss Rule if Supported by an Independent Duty

By Lauren E. King, Esq.

New York Appellate Court Enforces the Economic Loss Doctrine and Bars Contribution Claim

By Nicholas G. MacInnis, Esq.

Resentful Homeowner Lacks Reliance and Proper Timing

By Gregory S. Paonessa, Esq.

Defense Verdict Highlights Importance of Defining Beneficiaries in Contracts

By Brian C. Newberry, Esq.

Read More

The Design and Construction Management Professional Reporter: April 2016

Inside this issue:

Mississippi Appeals Court Uses Seven Factors to Determine Whether Supervisory Powers Extend Beyond Contract Provisions Contained in A/E Contract

By Kristin A. Hartman, Esq.

General Contractor’s Case Against Design Professional is not Barred by the Theory of Claim Preclusion

By Daniel Lagosh, Jr., Esq.

Maryland Court of Special Appeals Upholds Dismissal in Duty of Care Case Based on Purely Economic Losses

By Lucas M. Blackadar, Esq.

Contractor’s Delay Claim Against the Architect Survives Motion to Dismiss in Virginia

By Ryan P. Moore, Esq.

Expecting the Unexpected: Using Standard Construction Contingency to Establish Minimum Design Standard of Care

By Kristen R. Ragosta, Esq.

Read More

The Design and Construction Management Professional Reporter: January 2016

Inside this issue:

Owners, Take Heart – Amendment to Texas Condominium Law Gives Unit Owners a Voice in Construction Litigation

By Lucas M. Blackadar, Esq.

Risk Associated With Differing Site Conditions Can Be Expressly Assumed

By Amanda E. Mathieu, Esq.

Nullum Tempus Occurrit Regi? No, But the King Still Has a Long Time

By Lucas M. Blackadar, Esq. and Jonathan A. Barnes, Esq.

The Importance of Carefully Reviewing Contract Terms Including Those Incorporated by Reference

By James L. Soucy, Esq.

A Resident Engineer Providing Inspection Services Owes No Duty to a Subcontractor

By James M. Boyce, Esq.

Read More

The Design and Construction Management Professional Reporter: September 2015

Inside this issue:

New Jersey’s Joint Tortfeasor Law Warrants Strict Appliation in the Courts

By Lauren M. Ippolito, Esq.

Sovereign Immunity Still (Mostly) for Sovereigns

By Lucas M. Blackadar, Esq.

New Hampshire Supreme Court Enforces the Statute of Repose

By Michael E. Coghlan, Esq.

Project Management Firm Has No Implied Duty to Ensure the Safety of Subcontractor’s Employees

By Gregory S. Paonessa, Esq.

Expert Testimony and Proof of an Independent Legal Duty Are Required To Establish a Design Professional’s Liability

By Lauren M. Ippolito, Esq.

Read More

The Design and Construction Management Professional Reporter: May 2015

Inside this issue:

Is Perfection Possible? Managing Uncertainty and Expectations in Building Design and Construction.

By Sue E. Yoakum, Esq., AIA

Variations on Enforcement of the Economic Loss Rule

By Lindsey D. Smith, Esq.

Massachusetts Courts Deny Contractor’s Differing Site Condition Claim Based on Disclaimer Language in the Contract Documents

By Joseph M. Gesker, Jr., Esq.

Florida Defines the Zone of Foreseeable Risk

By Lindsey D. Smith, Esq.

Read More

Design and Construction Management Professional Reporter: September 2014

Inside this issue:

Only Firms Registered to do Business in Nevada May Recover Fees

By Craig MacLellan, Esq.

Public-Private Partnership and Design-Build Subsurface Projects: Who is Actually Responsible for Design and Subsurface Conditions Risk? A Call for Guidelines

By David J. Hatem, PC

Arbitration Finding that Owner Deviated from Architect’s Design Precluded Owner from Suing Architect in Subsequent Litigation

By Pamela C. Rutkowski, Esq.

Revised Kansas Professional Statute Creates Ambiguity in Engineering Practice

By Peter M. Vetere, Esq. and Jesse R. Taylor, Esq.

Massachusetts Superior Court Draws Distinction between Construction Manager at Risk Contracts and Traditional Design-Bid-Build Contracts in Allocating Project Risk and Responsibility for Design Adequacy and Cost Overruns

By Kristin A. Hartman, Esq.

Read More

Design and Construction Management Professional Reporter: April 2014

Inside this issue:

Massachusetts Superior Court Holds Contractor Liable for Loss of Subcontractor Productivity

By Justin Twigg

Public-Private Partnerships and Design-Build Subsurface Projects: Consulting Engineer Professional Liability Risk

By David J. Hatem, PC

New Jersey Supreme Court Requires Written Agreement to Enforce Settlement Reached Through Mediation

By Kristin A. Hartman, Esq.

Read More

Design and Construction Management Professional Reporter: December 2013

Inside this issue:

Connecticut Supreme Court Rules That Damages for Faulty Workmanship May Be Encompassed Within a Commercial General Liability Insurance Policy

By Kristin A. Hartman, Esq.

Florida Aborogates Individual Liability For Design Professionals

By Craig J. MacLellan, Esq.

Economic Rule Bars Claims for Negligent Misrepresentation Under Nevada Law

By Kristen R. Ragosta, Esq.

Massachusetts Superior Court Holds Architect Has No Liability to Guarantee Jobsite Safety

By Pamela C. Selvarajah, Esq.

New Jersey Court Finds Contractor’s Suit Against Architecture Firm Not Barred by Economic Loss Doctrine; Contractor’s Failure to File Affidavits of Merit Precludes only Professional Standard of Care Claims

By Rebecca McWilliams, AIA, Esq.

Read More

Design and Construction Management Professional Reporter: July 2013

Inside this issue:

Design Professional’s Duty of Care to Third-Party Purchasers

By Ryan L. Belka, Esq.

Donovan Hatem LLP Wins Summary Judgment on Appeal to the Massachusetts Appeals Court

By Matthew F. Lenzi, Esq.

Florida Design Professionals Are Now Protected From Personal Liability

By Lauren P. Marini, Esq.

Architect Shielded from Liability by the Completed and Accepted Doctrine

By Adam C. Benevides, Esq.

The Supreme Court of Florida Limits Application of the Economic Loss Rule to Products of Liability Cases

By Peter C. Lenart, Esq.

Read More

Design and Construction Management Professional Reporter: December 2012

Inside this issue:

Attorneys’ Fees – How Much Can I Recover?

By Justin R. Giles, III, Esq.

Architect Succeeds In Limiting Liability By Memorializing Agreement For Changes In Scope

By Justin M. Jagher, Esq.

Absolute Legislative Immunity Regarding Alleged False Statements Pertaining To a Bidder’s Credentials Is Not Extended to Engineer Retained By City

By Matthew F. Lenzi, Esq.

Wisconsin Appellate Court Holds that Contract Claims are Barred by the Statute of Limitations and Contracts Incorporating both Products and Professional Services May be Encompassed within the Economic Loss Rule under the “Predominant Purpose” Test

By Pamela C. Selvarajah, Esq.

Recent Client Experience Reminds Companies to Take Care With “Form” Contracts of All Types

By Peter C. Lenart, Esq.

Supreme Judicial Court Rules Valid Contractual Limitation Period

By Colin M. Black, Esq.

Read More

Design and Construction Management Professional Reporter: September 2012

Inside this issue:

California Court Allows City to assert Claims against Design Professional Absent Privity of Contract

By Kristen R. Ragosta, Esq.

What the Legislature Gives, It Can Also Take Away (Sometimes)

By Justin R. Giles, III, Esq.

Wisconsin’s Economic Loss Doctrine Bars Professional Negligence And Breach Of Contract Claims Under The Statutes Of Limitation And Repose

By Lauren P. Marini, Esq.

The New Jersey Appellate Court Holds That An Architect Is Entitled To Apportion Liability To Other Design Professionals Even Though Claims Were Barred By The Statute Of Repose Nevada Supreme Court Strictly Enforces Certificate of Merit Statutes

By Rita C. Marcado, Esq.

Continuous Representation Doctrine

By Justin M. Jagher, Esq.

Design Professional Owes No Duty to Third-Party with Whom Design Professional Has not Contracted Unless Third-Party’s Reliance Is Reasonable and Foreseeable and Design Professional Had Actual Knowledge of Reliance

By Kristina S. Raevska, Esq.

Read More

The Design and Construction Management Professional Reporter: November 2011

Inside this issue:

Texas “Loser Pays” Legislation Brings Significant Changes to Texas Civil Practice

By Amanda Y. Sirk, Esq.

Pennsylvania’s New “Fair Share” Act Provides A More Equitable Distribution of Damages Among Design Professional Defendants

By Megan E. Lehman, Esq.

Design Professionals’ Gains in New Jersey’s Economic Loss Doctrine

By Eric Cohen, Esq.

Nevada Supreme Court Strictly Enforces Certificate of Merit Statutes

By Sa’adiyah K. Masoud, Esq.

New Jersey Appellate Court Limits Liability Based upon Reasonable Contractual Provision

By Jacqueline J. Rompre, Esq.

Read More

The Design and Construction Management Professional Reporter: July/August 2011

Inside this issue:

Fourth Circuit Court of Appeals Upholds Preclusion of Owner’s Indemnification and Contribution Claims Against Architect Under the Fair Housing Act and the Americans with Disabilities Act

By Peter C. Lenart, Esq.

The United States Court of Appeals for the Third Circuit Enforces a Waiver of Consequential Damages Provision and Holds that a Contractual Indemnity Provision Applies Only to Third-Party Disputes

By Rita C. Mercado, Esq.

Texas Supreme Court Holds That Parties Are Permitted to Agree to Expand Judicial Review of Arbitrator’s Decision

By Meredith L. Murphy, Esq.

New Hampshire Court Finds Plaintiff’s Claims Barred by the Statutes of Limitations and Repose and Dismisses All Claims Against Architect

By Jacqueline J. Rompre, Esq.

Read More

The Design and Construction Management Professional Reporter: March/April 2011

Inside this issue:

Recent CA Jury Verdict May Heighten Duty for Design Professionals

By Carrie G. Strasser, Esq.

Comparative Analysis of Architect’s Duty to Guard against Construction Defects which Threaten Public Safety

By Kristina S. Raevska, Esq.

Wyoming Court Adheres to the Economic Loss Doctrine to Bar Negligent Misrepresentation Claims

By Luke R. Conrad, Esq.

Florida Courts Bars Limitation of Liability Provisions in Professional Negligence Cases against Individual Professionals

By Kristen R. Ragosta, Esq.

United States Court of Appeals for the Ninth Circuit Recognizes Exception to Economic Loss Doctrine in Washington State

By Daniel C. Poteet, Esq.

Read More
Page 1 of 212