Mock Mediation
Title:
Mock Mediation
Date:
April 22, 2010
Description:
The Donovan Hatem LLP Professional Practices Group and DH Consulting Group LLC, a subsidiary of Donovan Hatem, presented a mock mediation to facilitate the resolution of responsibility for technical issues that the Owner believed were caused by the Design Professional. The case involved alleged damages from errors and omissions by the Designer, which were discovered by the Owner when the building was being repaired for unrelated damages several years after the building was constructed.
Design Professional White Paper: “Green and Sustainable Design Part 1: Professional Liability Risk and Insurability Issues for Design Professionals”
Whitepaper by David J. Hatem, PC
Read MoreReview of Key Cases Involving Design Professionals
Title:
Review of Key Cases Involving Design Professionals
Date
March 25, 2010
Description:
Donovan Hatem LLP panelists, David Corkum, Eric Howard, and Matthew Tuller, provided an overview of seminal court decisions in Massachusetts that have defined the legal roles, duties and obligations of design professionals. Attendees learned the difference between common law (court decisions) and contract law and the duties imposed by common law versus duties assumed under a contract. Attendees heard an overview of the design professional’s standard of care as defined by Massachusetts courts,
“RFIs and Shop Drawings: How to Manage Risk and Reduce Liability”
Legal Perspectives column, March 2010, STRUCTURE Magazine
Read MoreNeal Glick Elected to Wellesley Planning Board
Neal B. Glick, a partner with extensive experience in land use, environmental law, and real estate development and finance, has been elected to the Planning Board of the Town of Wellesley.
Read MoreRoles of Experts in Resolution of Claims, New York
Title:
Roles of Experts in Resolution of Claims
Date:
February 4, 2010
Description:
In this Roundtable, we discussed the role of the expert witness as a consultant to an attorney and as a provider of technical testimony on behalf of the client. We discussed the expectations an attorney may have for his/her experts and how these play out in mediation, arbitration and litigation.The common work of an expert witness, tips on how to avoid litigation and embarrassing discovery,
The Design and Construction Management Professional Reporter: February 2010
Inside this issue:
Project-Specific Insurance Advisory: Recent Problematic Trends in Project-Specific Professional Liability Insurance Programs
Recent New York Office Summary Judgment Victories
California Supreme Court and New Mexico Court of Appeals Strictly Interpret the Defense Obligation Routinely Found in Indemnity Provisions
Mississippi Court Affirms Decision in Favor of Architect Whose Design Did Not Meet OSHA Regulations
By Rita C. Mercado, Esq.
Florida Court of Appeals Further Restricts Applicability of Limitation of Liability Provisions in Professional Services Contracts
By Peter C. Lenart, Esq.
Substantive Differences Between New Jersey and New York Regarding Arbitrators’ Interpretation of the Issues to be Resolved
Hawaii Court Finds No Duty of Care to Seller
By Sa’adiyah Masoud, Esq.
Read MoreThe Accountant/Attorney Liability Reporter: February/March 2010
Accountant Liability for Third Party’s Embezzlement
Threat of Tax Liability Enough to Hold Accountant Liable
Illinois Judge Allows Bankruptcy Trustee Another Chance to Hold Auditor Liable for Fraud
By Justin M. Jagher, Esq.
Existence and Potential Waiver of the Accountant-Client Privilege
By Douglas M. Marrano, Esq.
Court Dismisses Securities Fraud Claim Against Law Firm
By Mark D. Szal, Esq.
New York Court Awards Judgment to Homeowner Against Attorney Over Bankruptcy Advice
By Douglas M. Marrano, Esq.
Read More“Cost Estimates, Project Budgets, and the Structural Engineer”
Legal Perspectives column, January 2010, STRUCTURE Magazine
Read MoreRoles of Experts in Resolution of Claims, Boston
Title:
Roles of Experts in Resolution of Claims
Date
January 14, 2010
Description:
In this Roundtable, Donovan Hatem LLP partner, Jack Connarton, discussed the role of the expert witness as a consultant to an attorney and as a provider of technical testimony on behalf of the client. Jack discussed the expectations an attorney may have for his/her experts and how these play out in mediation, arbitration and litigation.The common work of an expert witness, tips on how to avoid litigation and embarrassing discovery,
“Managing Your Practice in a Down Economy”
Legal Perspectives column, December 2009, STRUCTURE Magazine
Read MoreAlert: New Indemnification Language in Connecticut State Courts
Architects and Engineers providing services to public owners in Connecticut need to be aware of recent changes in State contracting practices.
Read More“Structural Design Delegation”
Legal Perspectives column, November 2009, STRUCTURE Magazine
Read MoreThe DH Benchmark: Winter 2009
Inside this issue:
Under the Limbo Stick—How Low Can You Go?
By Sarah K. Willey, Esq.
General Contractor Held Liable for Harassment Directed at Non- Employee on Job Site
Massachusetts Court Rules Gender Discrimination Law Applies to Businesses with Fewer than Six Employees
By Douglas M. Marrano, Esq.
How Can Employers Save Money on Health Insurance?
By Joseph Russo, CEBS, LIA
“Rank-And-File” Employee Not Subject to Fiduciary Duty Rule, Says Federal Court
Read MoreLiability Issues in LEED (New York)
Title:
Liability Issues in LEED
Date:
October 29, 2009
Description:
Donovan Hatem LLP attorneys Sue Yoakum, AIA, Esq. andStephen Kesselman, Esq. led this discussion focusing on managing risks associated with LEED projects, contractual terms and conditions in LEED agreements as well as what to avoid and consider for LEED contracts. Sue and Steve also discussed the professional liability risks associated with green design and LEED, a review of AIA LEED contract terms and recent cases relating to LEED.
Liability Issues in LEED (Boston)
Title:
Liability Issues in LEED
Date:
October 22, 2009
Description:
Donovan Hatem LLP attorneys Amanda Sirk, Esq. and Stephen Kesselman, Esq. led this discussion with a focus on managing risks associated with LEED projects, contractual terms and conditions in LEED agreements as well as what to avoid and consider for LEED contracts. Amanda and Steve also discussed the professional liability risks associated with green design and LEED, a review of AIA LEED contract terms and recent cases relating to LEED.
Donovan Hatem LLP Attorneys Recognized as 2009 Massachusetts Super Lawyers and Rising Stars
Law & Politics has named three Donovan Hatem partners Massachusetts Super Lawyers for 2009.
Read MoreThe Design and Construction Management Professional Reporter: October 2009
Inside this Issue
Analysis of Best Practices in the Management of Design Errors and Omissions
By Justin M. Jagher, Esq.
Recent Court Interpretations of the Economic Loss Doctrine
Design Professionals Dismissed from Two New Hampshire Lawsuits
By John W. Dennehy, Esq.
Georgia Court Upholds the Validity of an Owner-Design Professional Contractual Liability Limitation Provision
By Kristina S. Raevska, Esq.
The Alabama Supreme Court Affirms General Contractor’s Recovery from Testing Engineer
By Samuel R. Pierce, Esq.
Megaproject Issues and Challenges: Some Informal Remarks
Read MoreThe Accountant/Attorney Liability Reporter: October 2009
Inside this Issue
The Basics of Accountant Malpractice: Things Every Accountant Should Know
By Douglas M. Marrano, Esq.
The Importance of Engagement Letters
State Law Determines Whether Third-Party Suit Against Auditor Survives
By Justin M. Jagher, Esq.
Continuous Representation Doctrine in New York
Agreement to Extend Time to Sue Upheld
Read MoreRoles and Responsibilities, Risk Allocation and Professional Liability Exposure in the Collaborative World of BIM and Integrated Project Delivery: Business as Usual or Fundamental Change? (New York)
Title:
Roles and Responsibilities, Risk Allocation and Professional Liability Exposure in the Collaborative World of BIM and Integrated Project Delivery: Business as Usual or Fundamental Change?
Date:
September 24, 2009
Description:
In recent years, Owners have been investigating and implementing new and innovative ways to reduce costs, improve productivity, and reduce conflict and adversity in the design and construction process. They are more frequently looking to new methods of delivering A/E/C services, such as IPD and new tools such as BIM.
