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.

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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.

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The 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

By Marc A. Cohen, Esq.

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

By David J. Hatem, PC

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The 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

By Brian C. Newberry, Esq.

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

By Michelle R. Epstein, Esq.

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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? (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. 

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Mock Mediation

Title:
Mock Mediation

Date:
September 23, 2009

Description:
The Donovan Hatem LLP Professional Practices Group and DH Consulting Group LLC, a subsidiary of Donovan Hatem, presented “A Mock Mediation: Owner vs. Design Professional, Part 2.” The first Mock Mediation was presented at a Donovan Hatem LLP Design Professional Roundtable in June 2008, at which the mediation objective was to sort out the responsibilities and damages. The audience decided the outcome/settlement range. Back by popular demand, Part 2 picked up where Part 1 left off where audience members were given the opportunity to assist in the settlement process.

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Sa’adiyah Masoud Elected Co-Chair of 2010 NASABA Convention

Sa’adiyah Masoud, a litigation attorney in the Professional Practices Group, has been appointed as Co-Chair of the North American South Asian Bar Association’s 7th Annual Convention to be held in Boston

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David Hatem & David Corkum to present on panel discussing “Megaprojects: Rising to the Challenges and Managing the Risk of this Increasingly Common Project Approach”

Presentation at the ACEC Fall Conference on October 9, 2009

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“Standard of Care and the Structural Engineer”

Legal Perspectives column, August 2009, STRUCTURE Magazine

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

David J. Hatem, PC, was selected for the 6th consecutive year for inclusion in The Best Lawyers in America® 2009 in the fields of Construction Law and Professional Malpractice.

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“Contracts”

Legal Perspectives column, July 2009, STRUCTURE Magazine

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Global Design Practices: Risks and Liabilities (New York)

Title:
Global Design Practices: Risks and Liabilities

Date:
June 25, 2009

Description:
Last year and to date, there has been an increase in the number of design firms marketing and providing design services on projects outside of the United States. We discussed risks and liabilities associated with providing design services outside the United States, how to manage these risks and liabilities, including standard form of agreements available for overseas work.Sue Yoakum, Esq., AIA led this discussion focusing on four areas design professionals should consider when trying to understand risks and liabilities associated with providing design services outside the United States.

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“Non-Compete/Non-Solicitation Agreements: Are They the Wave of the Future?”

From June 2009, ACEC/MA Insights.

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“Managing Risks to Design Professionals in an Economic Downturn”

June 2009, ACEC/MA Insights

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Bridge, Tunnel, Dam, and Levee Inspections: Opportunties and Risks for Engineering Consultants (Boston)

Title:
Bridge, Tunnel, Dam, and Levee Inspections: Opportunities and Risks for Engineering Consultants

Date:
January 15, 2009

Description:
Given the sad state of the nation’s public infrastructure and the growing trend of public entities outsourcing their infrastructure inspection needs, there is a heightened demand for inspection services by civil, structural, and geotechnical engineering firms. The opportunities that coincide with this demand are coupled with exposure to huge risks associated with a catastrophic failure of the inspected facility.

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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?

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:
June 11, 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. 

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The Design and Construction Management Professional Reporter: June 2009

Inside this Issue

Indiana Appeals Court Holds Economic Loss Doctrine Bars Negligence Claims Against Professional

By John W. Dennehy, Esq.

Colorado Court of Appeals Recently Interpreted the Economic Loss Rule as Barring a Fraud Claim

By Sa’adiyah Masoud, Esq.

Acting Beyond the Scope of One’s Contract May Confer Liability for Project Safety

By Michelle L. Moshe, Esq.

Claims of Professional Negligence Must Be Asserted in a Timely Manner and Be Supported by Expert Testimony

By Jordan S. Rattray, Esq.

Changes to the AIA Agreements Regarding Statute of Limitations

By Justin M. Jagher, Esq.

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Comparison of AIA Documents and ConsensusDOCS

Title:
Comparison of AIA Documents and ConsensusDOCS

Date:
May 21, 2009

Description:
Design professionals have traditionally favored the AIA form agreements, which first splashed onto the scene in 1888. Modified through the years, the AIA has produced many versions of contract documents that design professionals continue to utilize for a variety of reasons. In September 2007, a new document called the ConsensusDOCS was launched.Sue E. Yoakum, Esq., AIA and Justin Jagher, Esq., led this presentation on May 21st and explored the differences and similarities between the Owner-Architect Agreements for the AIA and the ConsensusDOCS.

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Public-Private Partnerships: Opportunities and Risks for Engineers (New York)

Title:
Public-Private Partnerships: Opportunities and Risks for Engineers

Date:
May 14, 2009

Description:
David J. Hatem, PC led a discussion focusing on the risks for design professionals associated with the public-private approach. Public-Private Partnerships operate by definition, only in the Public Sector construction project context, and primarily utilizes the Design-Build Delivery Method. To date, Public-Private Partnerships have been legislatively authorized by 23 states. In October 2008, Governor Paterson established an eleven-member New York State Commission on State Asset Maximization to study potential Public-Private Partnerships for the State of New York.

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Public-Private Partnerships:Opportunities and Risks for Engineers

Title:
Public-Private Partnerships:Opportunities and Risks for Engineers

Date:
April 23, 2009

Description:
David J. Hatem, PC led a discussion focusing on the risks for design professionals associated with the public-private approach. Public-Private Partnerships operate by definition, only in the Public Sector construction project context, and primarily utilizes the Design-Build Delivery Method. To date, Public-Private Partnerships have been legislatively authorized by 23 states. Late last year, the Pioneer Institute issued a study addressing potential use of public-private partnerships in Massachusetts and on February 24,

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