The Design & Construction Management Professional Reporter: March 2017

Inside this issue:

Acceptance of Initial Design Documents in Divisible Design Contract Triggers Accrual of a Breach of Contract Action Against Design Professional

By Molly E. Manson, Esq.

Limitation of Liability Provision May Not Preclude Recovery Under Chapter 93A if Claim is Based Upon Fraudulent Conduct

By Patricia B. Gary, Esq.

New Hampshire Supreme Court Rules Municipalities Have Limited Time to Bring Lawsuits Against Design Professionals for Municipal Contract Breaches

By James L. Soucy, Esq.

Considering the Costs of Contract Arbitration Clauses

By Brian C. Newberry, Esq.

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Design Professional Marketing: the Do’s and Don’ts from RFPs to Project Completion

marketing do's and don'tsWhether a design professional is tweeting project photos or disclosing project details in an RFP – marketing comes with hidden risks. To manage these risks, design professionals need to understand how contracts, intellectual property ownership and licensing rights may affect their marketing activities.

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Early Warning Signs and Problem-Solving Approaches to Construction Phase Issues

early warning signs and problem-solving approaches to construction phase issuesIf during construction an issue arises, you may still be months away from a claim. What can be done early on to avoid or change the outcome of construction phase issues or claims? Presenters William Perry, P.E., M.ASCE and Gwen Weisberg, Esq. will discuss cases involving construction phase issues; how they were resolved, including what worked/didn’t work and why.

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The Design & Construction Management Professional Reporter: December 2016

Inside this issue:

Diverse and Bifurcated Design Roles: Distinguishing Design Responsibility and Design Risk Allocation

By David J. Hatem, PC

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2016 in Review: Successful Cases and Lessons Learned for Design Professionals

2016 in ReviewCome celebrate the new year with us! Join us for a panel presentation on January 5 to hear some of the most noteworthy professional liability claims handled by Donovan Hatem attorneys. Partners David J. Gorman, William D. Gillis and Colin M. Black will recap a few of their most interesting cases and highlight critical issues and trends for design professionals.

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Public-Private Partnerships and Design-Build: Opportunities and Risks for Consulting Engineers

P3-DBAs P3 and DB approaches on bridges, roads, transit, water supply and treatment, tunnels, rail, and other public infrastructure projects continue to increase, consulting engineers need access to vital knowledge and reliable expertise to make conscientious and prudent decisions about P3 and DB project opportunities and risks.

The second edition of Public-Private Partnerships and Design-Build: Opportunities and Risks for Consulting Engineers presents new industry information and experience on P3 and DB approaches, and offers timely recommendations about the rewards, challenges, and risk exposures for consulting engineers in today’s still evolving P3 and DB project work environment.

All proceeds from the sale of this book are exclusively retained by ACEC. To learn more about this edition or purchase a copy, visit

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Construction Institute Boston Day-Summit

Partner David J. Hatem is set to present Legal Perspectives on Alternative Project Delivery and Design-Build Methods at the Boston Society of Civil Engineers Section (BSCES) Boston Day-Summit on Friday, December 2. This full-day seminar is sponsored by the Construction Institute Boston Chapter and will feature presentations on a mix of project case studies, technical review, technology and innovative planning and construction techniques, and specific construction projects and detailed challenges.

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Spreading Holiday Cheer at Rosie’s Place

Rosie's PlaceDonovan Hatem is giving back this holiday season by partnering with Rosie’s Place to collect gifts. Rosie’s Place is a Boston women’s shelter that provides a safe and nurturing environment to help poor and homeless women maintain their dignity, seek opportunity and find security in their lives. We’re proud to support the holiday gift drive and help brighten the season by giving the women at Rosie’s Place a special gift.

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A Tale of Two Cities: Retrospective and Prospective Views of the Big Dig and Megaproject Delivery

By David J. Hatem, PC and Gregory S. Paonessa, Esq.

From the 1950s until substantial completion of the Central Artery Tunnel (CA/T) Project in 2006, otherwise known as the Big Dig, Boston was a city divided. Dubbed the “Green Monster” by locals, the elevated Central Artery ran from the north of the City southbound over the Charles River and by the Boston Garden. From that point, it separated the North End from the West End, and Government Center, Faneuil Hall and the Financial District from the Waterfront. The Artery provided a never ending source of smog and soot which covered surrounding buildings and engulfed the City in noise from vehicular traffic. It plagued the City as an under-designed, ill-conceived means of traversing from the North to the South Shore and the I-95 corridor.

Read the entire article on page 5 in ACEC Insights.

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Risk Allocation for Subsurface Conditions in Design-Build and P3

The Risk Management in Underground Construction conference in Miami, Florida on Nov. 14 – 16 will explore all aspects of risk management in the project planning, design and construction phases of underground construction projects. Donovan Hatem Partner David Hatem is among the speakers this year and will discuss “Risk Allocation for Subsurface Conditions in Design-Build and P3s.”

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The Accountant/Attorney Liability Reporter: November 2016

Inside this issue:

Punitive Damages Claims Against an Accounting Professional May Be Allowed to Proceed Based on Gross Negligence

By Kristen R. Ragosta, Esq.

California Ruling Indicates MFAA Fee Arbitrations Now Subject to One-Year Statute of Limitations Defense

By Charleen M. Thunberg, Esq.

In Tax Scheme Case, Fraud Claim Against Attorney Allowed to Proceed

By Daniel Lagosh, Jr., Esq.

New York Dismisses Breach of Fiduciary Duty Claim Against Accountants Based Upon Statute of Limitations

By Ryan P. Moore, Esq.

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Avoiding Contract Claims and Hazardous Communications: Key Provisions in Strong Design Professional Agreements

In the architectural and engineering industries, the competitive marketplace may often lead design professionals to waive certain protective contractual provisions in order to “win” a job. Join us for a vital discussion of AIA agreements and key provisions for a strong design professional agreement that can provide protection. Effective use of these fundamental provisions can shield a design professional from potential legal liability or assist in terminating litigation after it has started.

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Partner David Hatem Receives TECET Leadership Award

Donovan Hatem is proud to announce that partner David J. Hatem has been honored with the Engineering Center Education Trust (TECET) “Leadership in Professional Practice Legal Services” award. Donovan Hatem, under the inspired leadership of David Hatem, is committed to supporting the growth of the engineering and architectural industries and TECET, a nonprofit organization focused on educating professionals, students and the public about engineering and land surveying in the natural and built environment.

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Recent Court Decisions: Trends in Liabilities and Litigation Impacting Design Professionals

Legal interpretations are constantly evolving based on court decisions, forcing professionals to stay up-to-date on the latest legal trends to avoid stumbling into costly litigation. Donovan Hatem litigation partners David Gorman and Colin Black will recap some of the most important recent case decisions involving professional liability claims against design professionals.

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Managing Digital Risks: Cyber and Data Security for Design & Construction Professionals

Beyond Cost, Schedule and QualityIn today’s fast-paced digital world, most would agree that the convenience and ease of working online outweigh the risks, but is it possible to keep digital work safe? When it comes to managing risk, you can never be too prepared. Online hackers, shifting compliance standards and misconceptions regarding insurance can all pose threats to your projects and workplace. Fortunately, you can meet these challenges head-on with the right tools.

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The Design and Construction Management Professional Reporter: September 2016

Inside this issue:

Supreme Court Rules That Grounds for Judicial Review of an Arbitration Award Cannot be Altered by a Contract

By Kristen R. Ragosta, Esq.

Colorado Supreme Court Finds Tort Claims Not Barred by the Economic Loss Rule if Supported by an Independent Duty

By Lauren E. King, Esq.

New York Appellate Court Enforces the Economic Loss Doctrine and Bars Contribution Claim

By Nicholas G. MacInnis, Esq.

Resentful Homeowner Lacks Reliance and Proper Timing

By Gregory S. Paonessa, Esq.

Defense Verdict Highlights Importance of Defining Beneficiaries in Contracts

By Brian C. Newberry, Esq.

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Being an Expert Witness

Expert Witness

Expert witnesses are hired to provide their extensive insight into a particular subject in support of their client’s case. Join us for an overview of what it takes to work as an expert witness and what to expect when engaging an expert.

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Nicholas MacInnis and Lauren King Join Donovan Hatem

Donovan Hatem is pleased to welcome Nicholas MacInnis to the firm’s New York office and Lauren King to the Boston office. Nicholas and Lauren both bring design professional risk management knowledge to Donovan Hatem.

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David J. Gorman Joins Donovan Hatem

Meet our newest Partner – David J. Gorman, Esq.

David J. GormanAttorney Gorman brings nearly 30 years of litigation and architecture/engineering industry experience to the firm’s Professional Practices, Business Litigation, and Insurance & Tort Litigation Groups. David’s practice focuses on addressing complex engineering and construction disputes and providing risk assessment and analysis of litigation claims. David has defended architects, engineers, land surveyors, attorneys and real estate brokers in malpractice, insurance coverage and breach of contract cases. He is well-versed in evaluating potential risk exposure. His extensive legal career includes working on numerous large construction claims, including those arising out of the Central Artery/Tunnel Project.

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Central Artery/Tunnel Project: Perspectives, A Decade Later

A decade has passed since substantial completion of the Central Artery/Tunnel Project (the “CA/T Project”). Despite all of its tremendous benefits and achievements, the CA/T Project continues to be controversial. For some in Boston and elsewhere, the CA/T Project represents a special and contradictory destiny and legacy, from conception, planning and funding, to design and construction, through final completion. For others of us, the celebration of success is warranted, well-deserved and long overdue.

Join us for a panel discussion that will reflect on the CA/T Project experience from different perspectives, address lessons learned for other megaprojects, and provide insights and analysis as to how the delivery, funding and financing of present and future megaprojects has been and will be influenced by those lessons learned.

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