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.

Attorney 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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Employment Practice Issues for Design Professionals

Employment Practice Issues

Understanding legal requirements governing the employment relationship and immigration rules is critical for a successful and effective business. Join Cheryl Waterhouse, Esq. and Gwen Weisberg, Esq. for an overview of employment law including developments in state and federal laws and tips for staying in compliance. Learn best practices for addressing accommodation and leave requirements, discrimination and harassment complaints, as well as classification and wage issues. The program will also explore immigration topics including I-9s, site visits and verifications.

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The Design and Construction Management Professional Reporter: April 2016

Inside this issue:

Mississippi Appeals Court Uses Seven Factors to Determine Whether Supervisory Powers Extend Beyond Contract Provisions Contained in A/E Contract

By Kristin A. Hartman, Esq.

General Contractor’s Case Against Design Professional is not Barred by the Theory of Claim Preclusion

By Daniel Lagosh, Jr., Esq.

Maryland Court of Special Appeals Upholds Dismissal in Duty of Care Case Based on Purely Economic Losses

By Lucas M. Blackadar, Esq.

Contractor’s Delay Claim Against the Architect Survives Motion to Dismiss in Virginia

By Ryan P. Moore, Esq.

Expecting the Unexpected: Using Standard Construction Contingency to Establish Minimum Design Standard of Care

By Kristen R. Ragosta, Esq.

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Lessons Learned: Design-Build Case Studies for Engineers

Avoiding or mitigating major liability claims is a vexing concern for design professionals involved in Alternative Delivery Systems (ADS).

Join David J. Hatem, PC and Paul Kelley for a program offering sound advice for engineers regarding Design-Build and Public-Private Partnership initiatives. Learn where others went wrong and how to avoid making those same mistakes. This essential program will provide attendees with a “path forward” and risk mitigation strategies.

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Save the Date! 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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2016 Legal Food Frenzy

Donovan Hatem is proud to once again participate in the Legal Food Frenzy, a friendly competition open to law offices, law school groups and any interested organization within the legal community to raise funds for the Greater Boston Food Bank. All of the funds and food collected will serve 550 member agencies across eastern Massachusetts in a dedicated partnership to End Hunger Here.

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Risk/Crisis Management in Construction Projects

Donovan Hatem Partner Scott Winikow will share his knowledge of project risk management as a panelist for the New York City Bar program “Risk/Crisis Management in Construction Projects” on Monday, May 16.

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Alternative Delivery Systems: Optimizing Your Firm to Win More Work with Less Risk

Join David Hatem and other seasoned legal, financial and A/E industry experts for a full-day workshop on Alternative Delivery Systems: Optimizing Your Firm to Win More Work with Less Risk.

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Legal Aspects of BIM

Whether you’re new to Building Information Modeling (BIM) or have been using it for years, join Sue Yoakum as she examines past, present, and future legal concerns associated with BIM, “noise” surrounding the use of BIM, and best practices for claim avoidance. Register now for the ACEC Annual Convention and Legislative Summit April 17-20.

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