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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The Design and Construction Management Professional Reporter: July 2004

Inside this Issue

Court Refuses to Grant Construction Manager Sovereign Immunity from False Claims Act Exposure

By David J. Hatem, PC

Federal Court in Texas Rules that the Spearin Doctrine Does Not Bar Sovereign Immunity Defense by Government Entity’s Designer in a Design-Bid Build Contract

Department of Veterans Affairs- Board of Contract Appeals Imposes Duty on Design-Builder to Inquire Regarding Contract Ambiguities Where Design-Builder has Knowledge of Ambiguity

Court Finds Contract Unambiguous and Denies Differing Site Conditions Claim

Department of Veterans Affairs Board of Contract Appeals Concludes that the Inclusion of Specifications in a Design-Build Contract May Shift the Risk of Design Deficiencies to the Owner
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The Design and Construction Management Professional Reporter: February 2004

Developing Risk Indicators for Evaluating Professional Liability Exposure on Major Public Projects: A Broader Dimensional Approach

By David J. Hatem, PC

A Differing Site Condition Claim is not Necessarily Synonymous with a Defective Design Claim

By David H. Corkum, Esq.

Attorney Client Privilege & Work Product Immunity in the Context of Public Relations

The Doctrine of Sovereign Immunity Will Not Insulate a Municipality from Its Breaches of Implied Covenants

By David H. Corkum, Esq.

The Use of Imprecise Terminology on Boring Logs Will Not Increase A Contractor’s Burden of Investigation Prior to Bidding

By David H. Corkum, Esq.

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The Accountant/Attorney Liability Reporter: February 2004

Inside this Issue

Accountants: Protect and Collect with an Engagement Letter

The Sarbanes-Oxley Act and Private Companies: Understand the Implications

Lender’s Counsel Granted Summary Judgment on Claim by Borrower

The Massachusetts Appeals Court Confirms that Mere Negligence will not Give Rise to a Claim under M.G.L. Ch. 93a

Court Denies Emotional Distress Damages in Legal Malpractice Action

Reversible Error in Legal Malpractice Action Found in Exclusion of Written Offer of Employment as Proof of Causation and Damages

Rule 4.2 Permits Ex Parte Communications with Unrepresented Former Employees of an Organization
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