Announcement: Donovan Hatem LLP is Pleased to Announce the Release of Two New Books

Megaprojects: Challenges and Recommended Practices and Design-Build Subsurface Projects, Second Edition

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Client Alert: New Massachusetts “Prompt-Pay” Law Governs Private Construction Contracts

Massachusetts recently inserted a new Section 29E into Chapter 149 of its general laws requiring construction payments to be paid promptly.

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Donovan Hatem LLP Welcomes New Litigation Partner to New York Office

Scott K. Winikow has joined the firm as a partner in the Business Litigation and Professional Practices Groups.

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“What’s a Structural Engineer to Do?: The Collaborative World of Building Information Modeling and Integrated Project Delivery”

Legal Perspectives Column, August 2010, STRUCTURE Magazine

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Integrated Project Delivery/BIM, New York

Title:
Integrated Project Delivery/BIM

Date/Time:
June 24, 2010
9:30 – 11:00 am
Registration and continental breakfast begin at 9:00 am. If you have not registered and would like to, please call 617.406.4504 or email roundtable@donovanhatem.com. AIA credits (1.5 HSW) and attendance certificates will be available upon request.

Location:
Westin New York at Times Square
Ambassador 2 – 2nd Floor
270 West 43rd Street
New York, NY 10036

Description:
On June 24th, 

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Special Half Day Business Symposium

Title:
Special Half Day Business Symposium

Date/Time:
June 16, 2010
8:00 am – 12:30 pm
Registration and continental breakfast begin at 7:30 am. If you have not registered and would like to, please call 617.406.4504 or email roundtable@donovanhatem.com. Attendance certificates will be available upon request.

Location:
Boston Harbor Hotel
Wharf Room
70 Rowes Wharf
Boston, MA 02110

Description:
Please join us in Boston for our upcoming special half dayBusiness Symposium for Design Professional Firms on June 16.

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The Design and Construction Management Professional Reporter: June 2010

Inside this issue:

Green and Sustainable Design: Part 1: Professional Liability Risk and Insurability Issues for Design Professionals

By David J. Hatem, PC

New Rhode Island Legislation Proposes to Alter Retention Process for A/E Firms on Public Projects

By Brian C. Newberry, Esq.

Indemnification — A Contractual Sword and Shield: Tips on How to Enter Into Contracts Which Leave Design Professionals Well Armed and Well Protected

By Peter C. Lenart, Esq.

Illinois Court Expands Engineer’s Duty of Care Beyond the Terms of the Applicable Contract

By Lynn M. Squillace, Esq.

The Economic Loss Doctrine Bars an Owner from Asserting Negligence Claims Against a Design Professional with Whom the Owner is in Privity of Contract

By Kristina S. Raevska, Esq.

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Integrated Project Delivery/BIM, Boston

Title:
Integrated Project Delivery/BIM

Date
May 26, 2010

Description:
On May 26th, Sue Yoakum led a discussion of the latest developments in Integrated Project Delivery (“IPD”) and Building Information Modeling (“BIM”) role in IPD projects. Integrated Project Delivery continues to generate interest and a sense of promise for some owners, designers and constructors and confusion among others. This discussion focused on 1) what is “pure” IPD; 2) what are the modified versions of “IPD;”

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Donovan Hatem LLP Promotes John W. Dennehy to Partner

John W. Dennehy has been elected partner, effective immediately

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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.

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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

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Review 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,

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“RFIs and Shop Drawings: How to Manage Risk and Reduce Liability”

Legal Perspectives column, March 2010, STRUCTURE Magazine

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Neal 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.

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Roles 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,

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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

By David J. Hatem, PC

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

By Michelle R. Epstein, Esq.

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.

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The Accountant/Attorney Liability Reporter: February/March 2010

Accountant Liability for Third Party’s Embezzlement

By Cheryl A. Waterhouse, Esq.

Threat of Tax Liability Enough to Hold Accountant Liable

By Michelle R. Epstein, Esq.

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.

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“Cost Estimates, Project Budgets, and the Structural Engineer”

Legal Perspectives column, January 2010, STRUCTURE Magazine

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Roles 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,

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“Managing Your Practice in a Down Economy”

Legal Perspectives column, December 2009, STRUCTURE Magazine

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