The Boston Office Welcomes Ryan P. Moore

Donovan Hatem is pleased to announce that Ryan P. Moore, Esq. has joined the firm’s Professional Practices Group in Boston. Ryan’s practice has primarily focused on the representation of developers, general contractors, subcontractors, and their carriers in all aspects of construction litigation.

Read More

Join us in New York for “Design Professional Agreements: Trending Topics and Key Provisions That Can Prevent or Terminate a Lawsuit”

2015 was a busy year for the architecture, engineering and design industries. Join us as we discuss some of the most interesting questions posed by design professionals this past year.

Read More

The Design and Construction Management Professional Reporter: January 2016

Inside this issue:

Owners, Take Heart – Amendment to Texas Condominium Law Gives Unit Owners a Voice in Construction Litigation

By Lucas M. Blackadar, Esq.

Risk Associated With Differing Site Conditions Can Be Expressly Assumed

By Amanda E. Mathieu, Esq.

Nullum Tempus Occurrit Regi? No, But the King Still Has a Long Time

By Lucas M. Blackadar, Esq. and Jonathan A. Barnes, Esq.

The Importance of Carefully Reviewing Contract Terms Including Those Incorporated by Reference

By James L. Soucy, Esq.

A Resident Engineer Providing Inspection Services Owes No Duty to a Subcontractor

By James M. Boyce, Esq.

Read More

The Art of Mediation

An infographic offering strategic mediation planning considerations.

Read More

Donovan Hatem donates to the Salvation Army

Salvation Army
In the spirit of the holiday season, Donovan Hatem has donated to the Salvation Army.

Read More

Two Partners Named to 2015 Super Lawyers List

Congratulations to David J. Hatem and Kenneth B. Walton for their inclusion in the 2015 Massachusetts Super Lawyers List. David was recognized for his work in Construction Litigation and Ken received the award for Civil Litigation.

Read More

2015 in Review: Trending Topics, Strategies and Best Practices for Design Professionals

2015 was a busy year for the architecture, engineering and design industries. Join us as we discuss some of the most interesting questions posed by design professionals this past year and provide best practice strategies for the future.

Read More

Boston Office Welcomes New Associate

Donovan Hatem’s Boston office is pleased to welcome James Soucy to the firm.

Attorney Soucy is a Litigation Associate with more than 13 years of comprehensive experience providing a range of legal services to national and closely-held corporate and individual clients. Prior to joining the firm, James operated his own private practice in New Hampshire, where he focused on representing clients in litigated and transactional matters.

Read More

Relational Risk Allocation in D-B and P3s

Understand the various risks assumed by Design-Builder, Owner and Engineer Subconsultant in Design-Build and Public-Private Partnerships.

Read More

How Ten Key Provisions in a Strong Design Professional Agreement Can Prevent or Terminate a Lawsuit

Donovan Hatem invites you to join us for a discussion led by Ken Walton, on AIA agreements and key provisions in a strong design professional agreement that can provide protection to design professionals. Effective use of these provisions can shield a design professional from potential legal liability or assist in terminating litigation after it has started.

Read More

Reducing Our Carbon Footprint

With the holidays fast approaching Donovan Hatem is already considering the upcoming season and our commitment to reducing our carbon footprint.

Planting Trees

This year the firm will be planting at least 50 trees with our company’s seasonal e-card. This measure will offset about 50 tons of CO2 over the lifetime of the trees. eCO2 Greetings planted 10 trees on behalf of Donovan Hatem last year across a variety of registered forest restoration schemes, and this year we have increased our efforts to diminish the effects of climate change.

Read More

Risk Management and Contractual Strategies for E-Communications and Construction Site Accidents

Risk Management and Contractual Strategies for E-Communications and Construction Site Accidents

Donovan Hatem invites you to join us for our next Design Professional Roundtable discussion led by Eric A. Howard on how design professionals can manage risk and develop strategies for dealing with issues and claims that may arise as a result of information transmitted in electronic communications such as e-mail, marketing materials and social media. This program will also address how design professionals can manage risk and develop strategies for dealing with indemnification rights, responding to interviews, and OSHA. Attendees will learn about standard contractual provisions including means and methods, site safety, defense and indemnification and additional insured protection for design professionals.

Read More

An Engineer’s Professional Liability Case in New Hampshire

By Michael Coghlan

Design Professionals Do Have Choices
In a recent case against an Engineer performing residential home inspections in the State of New Hampshire, the court dismissed the case and awarded attorney’s fees against the Plaintiff Homeowner.

Read More

Legislative Initiatives Impacting Design Professionals

Join us for our next Boston roundtable on Thursday, October 22. This panel discussion will be focused on the latest legislative actions impacting design professionals.

Read More

Opportunities for Infrastructure Reform: Improving America’s Procurement System

Recently, the Brookings Metropolitan Policy Program hosted the first of a series of workshops, with support from insurance company AIG, focused on identifying the biggest challenges and opportunities for America’s procurement system for infrastructure and the built environment. Leveraging real world experience from practitioners in government, finance, insurance, law, and construction, Brookings identified the top four opportunities for smart infrastructure reform. Contributing his knowledge of the industry, Donovan Hatem attorney David J. Hatem was one of the participants in the Brookings workshop.

For more information on the research, read the entire Brookings report, Opportunities for Infrastructure Reform: Improving America’s Procurement System.”

Read More

Requirements for Establishing a Design Professional’s Liability

By Lauren M. Ippolito

In a recent decision by the New York Supreme Court in June 2014, the Court affirmed that expert testimony is a necessity in a case where is it alleged that a design professional failed to adequately perform its services or improperly performed its work pursuant to a contract.

Read More

Recent CM-At-Risk Massachusetts Supreme Judicial Court Decision – What Does It Mean for Project Participants?

On September 2nd, the Massachusetts Supreme Judicial Court (SJC) decided Coghlin Electrical v. Gilbane Building Company v. DCAMM (referred to here as “Coghlin“) involving an issue of first impression in Massachusetts (and throughout the United States), and one of critical importance to the successful utilization of the construction manager-at-risk delivery method (CMR).

Read David J. Hatem, PC‘s entire article published in ACEC Insights, Summer/Fall 2015.

Read More

2015 ACEC Fall Conference

Don’t miss David Hatem at the 2015 ACEC Fall Conference!

Read More

Project Management Firm Has No Implied Duty to Ensure the Safety of Subcontractor’s Employees

By Gregory Paonessa

The Massachusetts Superior Court (“Court”) recently held in Rodrigues v. Tribeca Builders Corp. that a project management firm whose duties are primarily logistical, managerial and administrative does not owe a duty to ensure the safety of project workers.

Read More

The Mechanic’s Lien – Are You Protected?

Gregory Paonessa recently had his article “The Mechanic’s Lien – Are You Protected?” published in Thomson Reuters’ Legal Handbook for Architects, Engineers and Contractors: Issues in Construction and Technology, Vol. 31, 2014/2015.

Read More