The Design and Construction Management Professional Reporter: April 2007

Inside this Issue

Adjudication Of Contractor’s Defective Specification Claim “Collapses” Into Its Parallel Differing Site Condition Claim

By David H. Corkum, Esq.

Court Of Appeals Rules Engineer Entitled To Award Of Attorneys’ Fees In Unsuccessful Suit By Contractor

Engineer May Have A Duty To A Surety, Despite An Exculpatory Clause Stating Otherwise

By Jordan S. Rattray, Esq.

Georgia Federal Court Grants Summary Judgment For Architect On Breach Of Contract And Negligence Claims

Armed Services Board Of Contract Appeals Substantially Rejects Contractor’s Multi-Million Dollar Claim For Damages
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“How to Procure a Tunneling Project: Part I, The Problem; Part II, The Solution”

Co-authored by David H. Corkum for Underground Infrastructure Management

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The Accountant/Attorney Liability Reporter: March 2007

Inside this Issue

Massachusetts Court Rules That Defendant May Seek Contribution From Plaintiff’s Counsel For Malpractice

Pension Protection Act of 2006 Alert: Potential Pitfalls, Penalties and Blacklisting for Appraisers – and Accountants, Attorneys and Fiduciaries?

Litigating In The World of Electronically Stored Information: An Overview of the Amended Federal Rules of Civil Procedure

First Circuit Upholds Decision Requiring Repayment of Corporate Indemnifi cation
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The Accountant/Attorney Liability Reporter: October 2006

Inside this Issue

Engagement Letter and Good Record Keeping Lead to Accountant Defense Verdict

Closing Attorney Not Liable to Seller as Escrow Agent in Absence of Contract With Seller of Property

By Doulgas M. Marrano, Esq.

Massachusetts Probate and Family Court Addresses Lawyer’s Simultaneous Representation of Family Members

Domestic Asset Protection Trusts (DAPT)
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The Design and Construction Management Professional Reporter: August 2006

Inside this Issue

Structural Engineer Not Liable For Injuries Caused By A Dangerous Construction Technique Where Contract Provisions Disclaim Liability And The Design Did Not Require Means And Methods Of Construction

By Daniel C. Poteet, Esq.

Ohio Appellate Court Distinguishes Spearin Doctrine And Reverses Award Of Delay Damages To Lead Contractor

Tolling Of The Statute Of Limitations For Professional Malpractice Actions In New York: The Continuous Representation Doctrine

Design Specifi cations Are A Matter Of Professional Judgment And Do Not Trigger An Action In Negligent Misrepresentation

By Douglas M. Marrano, Esq.

Court Of Appeals Of Georgia Re-Affirms The Viability Of The Negligent Misrepresentation Exception To The Economic Loss Rule
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“The Letter of the Law: Experts Discuss Legal Issues in Tunneling”

Co-authored by David H. Corkum in Tunnel Business Magazine

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The Accountant/Attorney Liability Reporter: June 2006

Inside this Issue

Trustees Who Breached Their Fiduciary Duties to a Charitable Trust were Removed from Office by the Court

The Massachusetts Supreme Judicial Court Addresses the Appropriate Standard of Care for Professionals

In Probate Actions Judges Enjoy Broad Discretion in Awarding Attorney’s Fees and Costs

Chapter 93A and Attorney Malpractice: More Than Mere Negligence

Estate Planning Reform and Client Inertia: Is the GRAT One Answer?
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The Design and Construction Management Professional Reporter: April 2006

Inside this Issue

Statutes of Repose in the Medical Malpractice Context Cannot Be Tolled Absent Specific Statutory Language Detailing an Exception, But Does the Same Rule Apply to Mass. Gen. Laws, ch. 260 § 2B?

Illinois Court Applies the Economic Loss Doctrine and Dismisses Claim by Homeowner Agreement

By Michelle R. Epstein, Esq.

Supreme Court of New Hampshire Upholds Statute of Repose

Architect Not Liable for Defects When No Evidence of Causation Exists

Subcontractor’s Professional Negligence Claim Against Design Professional Barred by Economic Loss Rule Where Contractor Has a Contractual Remedy for the Type of Harm Alleged
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The Accountant/Attorney Liability Reporter: March 2006

Inside this Issue

SEC Enforcement Action Triggers Director’s Duty to Repay Corporate Indemnification

Continuing Representation Doctrine Does Not Defeat Statute of Limitations Defense

Massachusetts Supreme Judicial Court Rejects “Actual Malice” Test for Assessing First Amendment Protection Afforded Lawyers’ Courtroom Statements

Constructive Trust Imposed on Real Estate Purchased by Attorney Acting in Breach of Fiduciary Duty
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January 2006 Employment Practices Newsletter

Click to download: January 2006 Employment Practices Newsletter

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The Design and Construction Management Professional Reporter: December 2005

Inside this Issue

No Matter How You Slice It, the Contract Language Reigns Supreme in Texas Even for a DSC

By David H. Corkum, Esq.

Massachusetts Court Upholds No Damages for Delay Clause in Municipal Contract

Court Holds that Contractor Was Not an Intended Third Party Beneficiary of a Contract Between the Owner and Architect

California Appeals Court Sets Aside Arbitration Award Due to Untimely Claim

Surety is Entitled to Maintain a Negligent Misrepresentation Claim Against Architect by Showing “Functional Equivalent” to Privity of Contract

Appellate Courts in Illinois and Minnesota Address Expert Testimony

North Carolina Court Interprets Use of Lay Witness in Lieu of Expert Testimony in Professional Negligence Claims

By Douglas M. Marrano, Esq.

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The Accountant/Attorney Liability Reporter: December 2005

Inside this Issue

The Court of Appeals Finds Accountant Trustees Liable Under G.L. c. 93A

Court Upholds Consulting Firm’s Decision to Terminate at Will Employee

By Brian C. Newberry, Esq.

Partnership Agreement Invalid Where It Requires Departing Law Partners From Sharing Fees Earned After Departure

By Douglas M. Marrano, Esq.

Insurer Allowed to File a Legal Malpractice Claim Against Insured’s Defense Counsel Under a Theory of Subrogation

Court Finds Attorneys Not Liable For Conflict of Interest
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Employment Practices Group: July 2005 Client Update

Download the update: Employment Practices Group: July 2005 Client Update

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The Design and Construction Management Professional Reporter: July 2005

Inside this Issue

Donovan Hatem LLP Earns Summary Judgment in Defense of Architect Accused of Fraud

Engineer Avoids $6 Million Property Damage Claim on the Grounds that it Did Not Owe a Duty of Care to the Owner or the General Contractor

Partial Summary Judgment Granted to Engineer Affirming Application of Contractual Limitation of Liability Clause and Dismissing Extraneous Warranty and Contract Claims

Court Finds No Duty to Follow Owner- Recommended Designs for Over- Excavation

Supreme Court of New Jersey Affirms that Affidavit of Merit is not Required in Architect’s Third-Party Complaint Against Engineer

New York Court of Appeals Limits Purported Contract Claim to Shorter Malpractice Statute of Limitations

By Brian C. Newberry, Esq.

Architect Cannot Be Held Liable Under Minnesota Competitive Bidding Statute

Massachusetts Appeals Court Holds that Statute Permitting Reimbursement Under Underground Storage Tank Cleanup Fund Does Not Bar Claims Against Licensed Site Professionals
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The Accountant/Attorney Liability Reporter: July/August 2005

Inside this Issue

The Bankruptcy Court Denies Counsel’s Motion to Withdraw Despite Clear Failure to Pay

Executrix Held Personally Liable for Legal Services Rendered to Probate Estate

The Federal District Court Denies Summary Judgment on Partnership by Estoppel

The United States Court of Appeals for the First Circuit Holds Chapter 11 Counsel Liable for Malpractice

CPA Not Liable for Failing to Consider Applicability of §280H
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The Accountant/Attorney Liability Reporter: April/May 2005

Inside this Issue

The Massachusetts Superior Court Protects an Attorney Work Product from Production

Terminating the Employment Relationship . . . Carefully

By Cheryl A. Waterhouse, Esq.

Employer Found to Violate the Whistleblower Provision of the Sarbanes-Oxley Act of 2002

A Massachusetts Superior Court Awards G.L.c.93A Liability and Multiple Damages in a Legal Malpractice Case

Contingency Fees: An Examination of Attorney No. 1 v. Attorney No. 2

The New Hampshire Supreme Court Addresses the Elements of a Legal Malpractice Claim
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The Design and Construction Management Professional Reporter: March 2005

Inside this Issue

Geotechnical Engineer is Found Liable Under Product Liability Theory

Design Builder May Not Ignore Essential Design Features Contained in Owner’s Design Requirements

Massachusetts Superior Court Enforces Contractor’s Covenant Not to Sue Architect in Public Bid Contract

Tort Claims Precluded by Economic Loss Rule Despite Duties Established in Interrelated Contracts

Illinois Court Holds that Contract Language Insulates Defendant form Liability in Action for Professional Negligence

Michigan Court Interprets Statute Establishing Time Periods to Bring Suits Against Architects as Both Statute of Limitations and Statute of Repose

Court Finds that Contractor Who Properly Follows Plans and Specifications is Not Liable for Injuries

Pennsylvania Restricts Economic Loss Rule as a Defense to Contractor Claim Against Architects
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The Accountant/Attorney Liability Reporter: January 2005

Inside this Issue

Guide to Drafting Opinion Letters

Law Firm Ordered to Pay $7.2 Million for Negligence in Suit Involving Opinion Letter

Court Rejects Challenge to Sarbanes-Oxley

Partial Summary Judgment Granted to Law Firm in Suit Involving Opinion Letter
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The Design and Construction Management Professional Reporter: November 2004

Inside this Issue

Construction Reform Legislation: How Chapter 193 of the Acts of 2004 Impacts Design and Construction Management Professionals

By David J. Hatem, PC

Court Finds Proper Impleading of Architect by General Contractor

Court Holds that Use of Fictitious Party Practice and Relation Back in Actions for Statute of Repose was Inapplicable

State Court in Idaho Rules that Breach of Contract Action Against Engineer is Governed by Malpractice Statute of Limitations

Owner’s Architect has No Duty to Identify Contractor’s Design Errors
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The Accountant/Attorney Liability Reporter: August 2004

Inside this Issue

Donovan Hatem LLP Obtains Summary Judgment for Accounting Firm Based on Statute of Limitations

The New Massachusetts Business Corporation Act

Outcome of a Lawsuit May Be “Highly Relevant” to Whether a Plaintiff had “Actual Knowledge” of Harm for Purposes of Tolling the Legal Malpractice Statute of Limitations Under the “Continuing Representation Doctrine

Scienter was Adequately Plead in a Rule 10b-5 Claim Based on Allegations that Company’s Audit Firm Ignored Risks

Claims Against Accountant in Civil Case Not Barred by Settlement Agreement Involving Same Claims in Bankruptcy Court
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