Donovan Hatem LLP Welcomes New Associate in the New York office

Donovan Hatem LLP is pleased to announce that Michael P. Hess has joined the New York office as an Associate in the Professional Practices Group. Prior to joining Donovan Hatem, Mr. Hess was an Associate in a mid-sized law firm in New York handling all aspects of litigation from inception through trial. Notable representations include Pipia v. Turner Constr. Co., 114 A.D.3d 424 (1st Dept. 2014), and Lugo v. Purple & White Mkts., Inc., 104 A.D.3d 435 (1st Dept. 2013).

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2014 Massachusetts Super Lawyers

Donovan Hatem LLP, a multi-practice law firm, is pleased to announce that David J. Hatem, Esq., and Kenneth B. Walton, Esq., have been named Massachusetts Super Lawyers for 2014.

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ABX 2014

David J. Hatem, P.C., and Sue Yoakum, AIA will be presenting Fiduciary Duty and Liability of Design Professionals (session A31) at the upcoming ABX conference on October 28 from 10-11:30. This presentation explores the difference between fiduciary duty and standard of care and how to avoid, manage and separate fiduciary duty and standard of care risks. If you are attending ABX we would love to see you at our session!

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November 6 Roundtable at the Boston Harbor Hotel

Please join us on November 6 as David Hatem, P.C. presents Varying Risk and Responsibility for Design Adequacy in Alternative Project Delivery Methods at the Boston Harbor Hotel. This program will address how risk and responsibility for design adequacy is impacted in the context of project delivery approaches, between project participants in direct contractual relationships and between design professionals and third parties with whom the design professional has no direct contractual relationship. Registration and continental breakfast is at 7:30 am in the Wharf Room, the presentation will begin at 8am.

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Design and Construction Management Professional Reporter: September 2014

Inside this issue:

Only Firms Registered to do Business in Nevada May Recover Fees

By Craig MacLellan, Esq.

Public-Private Partnership and Design-Build Subsurface Projects: Who is Actually Responsible for Design and Subsurface Conditions Risk? A Call for Guidelines

By David J. Hatem, PC

Arbitration Finding that Owner Deviated from Architect’s Design Precluded Owner from Suing Architect in Subsequent Litigation

By Pamela C. Rutkowski, Esq.

Revised Kansas Professional Statute Creates Ambiguity in Engineering Practice

By Peter M. Vetere, Esq. and Jesse R. Taylor, Esq.

Massachusetts Superior Court Draws Distinction between Construction Manager at Risk Contracts and Traditional Design-Bid-Build Contracts in Allocating Project Risk and Responsibility for Design Adequacy and Cost Overruns

By Kristin A. Hartman, Esq.

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Design-Build and Public-Private Partnerships: Risk Allocation of Subsurface Conditions

By David J. Hatem, Esq. This article, with permission from ASCE, can be found here.
“This material may be downloaded for personal use only. Any other use requires prior permission of the American Society of Civil Engineers.”

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October 1 Roundtable at the Westin New York at Times Square

Is Perfection Possible? Managing Uncertainty and Expectations in Building Design and Construction.

Please join us on October 1 as Stephen Jones, Senior Director with McGraw Hill Construction and Sue Yoakum lead a discussion on Is Perfection Possible? McGraw Hill has been selected to study this issue, Phases 1 and 2 are complete and will be published this fall. Join us as we discuss and learn about the study results. Registration and continental breakfast begins at 9 am in the Palace Room of the Westin New York at Times Square.

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September 17 Roundtable at the Boston Harbor Hotel

A Study of Two Lean Projects – What is Lean Project Delivery and why is this a Good Project Delivery Method?

Please join us on Wednesday, September 17 for a panel discussion on Terminal B Improvements Project (Massport) and the Chicopee Women’s Correctional Facility Project (DCAMM) covering the good, the interesting and the successful aspects of Lean Project Delivery.

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AIG Construction Symposium

David Hatem, Esq. will be presenting “Project-Specific Professional Liability Insurance and Alternative Project Delivery Methods: Risk Allocation Considerations and Functional Alignment” at the 2014 AIG Construction Industry Practice Group Symposium on September 10.

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June 18 Roundtable at the Boston Harbor Hotel

Standard of Care – Is it changing?

Eric Howard and Kristen Ragosta will lead a discussion on the Standard of Care. Standard of Care is an issue in every lawsuit or claim against an Architect or Engineer. This roundtable will discuss the recent developments surrounding this important topic. We look forward to seeing you at the Boston Harbor Hotel on June 18. Registration and breakfast begins at 7:30 am.

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Design and Construction Management Professional Reporter: April 2014

Inside this issue:

Massachusetts Superior Court Holds Contractor Liable for Loss of Subcontractor Productivity

By Justin Twigg

Public-Private Partnerships and Design-Build Subsurface Projects: Consulting Engineer Professional Liability Risk

By David J. Hatem, PC

New Jersey Supreme Court Requires Written Agreement to Enforce Settlement Reached Through Mediation

By Kristin A. Hartman, Esq.

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May 8 Roundtable at the Boston Harbor Hotel

Alternative Project Delivery Methods: What is driving the interest, do they solve the perceived problems with Design-Bid-Build, and what are the risks and other issues for design professionals.

David Hatem will lead the discussion addressing the reasons motivating project owners to consider and select project delivery methods alternative to traditional Design-Bid-Build. We look forward to seeing you on May 8 at the Boston Harbor Hotel. Registration begins at 7:30.

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UNH Civil and Environmental Engineering Alumni Conference

Eric Howard, Esq. and David J. Hatem, PC will be presenting “Being an Expert Witness” on May 1 from 1:30-2:45. This session will take alumni Tony Coviello and Eric Olsen through a mock expert witness case to demonstrate a deposition and trial. Eric and David will demonstrate mistakes expert witnesses make and how to avoid them.

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David J. Hatem PC will be the Program Moderator for the Alternative Delivery Methods – ACEC/MA Breakfast Program

On January 22, 2014 the ACEC/MA Program Committee and Private Sector Committee will present the Alternative Delivery Methods Breakfast Program Hosted by: CDM Smith. Program Moderator: David Hatem, Esq., Donovan Hatem LLP

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The Accountant/Attorney Liability Reporter, December 2013

Inside this issue:

Accounting Firm Not Liable for Malpractice where Client Knowingly Filed a False Income Tax Return

By Peter M. Vetere, Esq.

Connecticut Appellate Court Partially Reverses Trial Court’s Entry of Summary Judgment in Favor of Defendant Accountant, but Refuses to Apply CUPTA to Professional Malpractice Claims

By Craig J. MacLellan, Esq.

Statutes of Limitation in Accounting Malpractice Cases

By Adam C. Benevides, Esq.

Appellate Court of Illinois Rejects Contractual Defense in Allowing Claim for Breach of Fiduciary Duty to Proceed Against Accountant

By Daniel C. Poteet

PCAOB Proposed Expanded Language for Auditor Reports

By By Cheryl A. Waterhouse, Esq.

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Design and Construction Management Professional Reporter: December 2013

Inside this issue:

Connecticut Supreme Court Rules That Damages for Faulty Workmanship May Be Encompassed Within a Commercial General Liability Insurance Policy

By Kristin A. Hartman, Esq.

Florida Aborogates Individual Liability For Design Professionals

By Craig J. MacLellan, Esq.

Economic Rule Bars Claims for Negligent Misrepresentation Under Nevada Law

By Kristen R. Ragosta, Esq.

Massachusetts Superior Court Holds Architect Has No Liability to Guarantee Jobsite Safety

By Pamela C. Selvarajah, Esq.

New Jersey Court Finds Contractor’s Suit Against Architecture Firm Not Barred by Economic Loss Doctrine; Contractor’s Failure to File Affidavits of Merit Precludes only Professional Standard of Care Claims

By Rebecca McWilliams, AIA, Esq.

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Donovan Hatem LLP is pleased to announce the publication of: Public-Private Partnerships: Opportunities and Risks for Consulting Engineers, edited by David J. Hatem, PC and Patricia B. Gary, Esq.

Public-Private Partnerships: Opportunities and Risks for Consulting Engineers

Edited by David J. Hatem, PC and Patricia B. Gary, Esq. and published by ACEC, this book will provide a comprehensive guide to successfully navigating the important issues confronting consulting engineers in projects being delivered as Public-Private Partnerships (P3s), including risk management and professional liability issues. The book may be purchased through the ACEC’s online bookstore at www.acec.org. All proceeds from the sale of this book are exclusively retained by ACEC.

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Announcement: The Boston Office Has Moved

Donovan Hatem’s Boston Office has moved. New Address: 53 State Street, 8th Floor, Boston, MA 02109. All Boston’s contact information remains the same.

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Announcement: New York Office Has Moved

Donovan Hatem’s New York Office has Moved. New Address: 112 West 34th Street, 18th Floor, New York, NY 10120. All New York’s contact information remains the same.

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Design and Construction Management Professional Reporter: July 2013

Inside this issue:

Design Professional’s Duty of Care to Third-Party Purchasers

By Ryan L. Belka, Esq.

Donovan Hatem LLP Wins Summary Judgment on Appeal to the Massachusetts Appeals Court

By Matthew F. Lenzi, Esq.

Florida Design Professionals Are Now Protected From Personal Liability

By Lauren P. Marini, Esq.

Architect Shielded from Liability by the Completed and Accepted Doctrine

By Adam C. Benevides, Esq.

The Supreme Court of Florida Limits Application of the Economic Loss Rule to Products of Liability Cases

By Peter C. Lenart, Esq.

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