Design and Construction Management Professional Reporter: September 2012

Inside this issue:

California Court Allows City to assert Claims against Design Professional Absent Privity of Contract

By Kristen R. Ragosta, Esq.

What the Legislature Gives, It Can Also Take Away (Sometimes)

By Justin R. Giles, III, Esq.

Wisconsin’s Economic Loss Doctrine Bars Professional Negligence And Breach Of Contract Claims Under The Statutes Of Limitation And Repose

By Lauren P. Marini, Esq.

The New Jersey Appellate Court Holds That An Architect Is Entitled To Apportion Liability To Other Design Professionals Even Though Claims Were Barred By The Statute Of Repose Nevada Supreme Court Strictly Enforces Certificate of Merit Statutes

By Rita C. Marcado, Esq.

Continuous Representation Doctrine

By Justin M. Jagher, Esq.

Design Professional Owes No Duty to Third-Party with Whom Design Professional Has not Contracted Unless Third-Party’s Reliance Is Reasonable and Foreseeable and Design Professional Had Actual Knowledge of Reliance

By Kristina S. Raevska, Esq.

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Does Kappos v. Hyatt Apply to Interference Appeals?

Damian R. LaPlaca’s article for IP Law360

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The Accountant/Attorney Liability Reporter: March/April 2012

Inside this issue:

Liquidator of Insolvent Insurer Not Bound by Engagement Letter Terms

By Amanda Sirk

Litigation Privilege Protections Provided to Accountants Testifying as Expert Witness: The California Model

By Matthew P. Tuller

WashingtonState Court of Appeals Clarifies Start Point for Statute of Limitations in Accountant Malpractice Claims

By Daniel C. Poteet, Esq.

Engagement Letters: Ensuring that Statutes of Limitations Apply to Arbitrations

By Cheryl A. Waterhouse, Esq.

The Financial Accounting Foundation Issues Its Post-Implementation Report of Effectiveness of FIN 48

By John B. Connarton, Jr., P.C.

Engagement Limited to Compilation Limits Liability and Requires Complaint to Allege Specific Failures Within That Limited Standard of Care

By John B. Connarton, Jr., P.C.

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The Accountant/Attorney Liability Reporter: December 2011

Inside this issue:

Accounting Firm Liability to Creditors

By Amanda Sirk

Accounting Firms Successful in Dismissing Fraud and Other Claims

By Justin Jagher

California Court of Appeals Interprets “Accrual” for Tort Claims Against Financial Advisors as Occurring When an Adverse IRS Determination is Made

By Peter C. Lenart, Esq.

Emerging Market Audit Risks – PCAOB Audit Practice Alert

By Cheryl A. Waterhouse, Esq.

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The Design and Construction Management Professional Reporter: November 2011

Inside this issue:

Texas “Loser Pays” Legislation Brings Significant Changes to Texas Civil Practice

By Amanda Y. Sirk, Esq.

Pennsylvania’s New “Fair Share” Act Provides A More Equitable Distribution of Damages Among Design Professional Defendants

By Megan E. Lehman, Esq.

Design Professionals’ Gains in New Jersey’s Economic Loss Doctrine

By Eric Cohen, Esq.

Nevada Supreme Court Strictly Enforces Certificate of Merit Statutes

By Sa’adiyah K. Masoud, Esq.

New Jersey Appellate Court Limits Liability Based upon Reasonable Contractual Provision

By Jacqueline J. Rompre, Esq.

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Client Alert: “American Jobs Act of 2011”

The proposed Act desires to produce construction focused on schools and infrastructure.

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The Accountant/Attorney Liability Reporter: August/September 2011

Inside this issue:

Junior Accountants Held to be Exempt from Wage and Hour Law Protections

By Katherine McAllister, Esq.

The Kovel Principle: Recent Developments and Practice Suggestions

By Jason Burke

Textron Revisited: Tax Accrual Workpapers Work Product Protection Issue Has Produced New Work Product Definition

By John B. Connarton, Jr., P.C.

To Make or Not to Make a Statement: Fraud Liability Under SEC Rule 10b-5 Narrowed

By Cheryl A. Waterhouse, Esq.

Reporting Requirements for Residents Maintaining Foreign Bank and Financial Accounts

By Gwen P. Weisberg, Esq.

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The Design and Construction Management Professional Reporter: July/August 2011

Inside this issue:

Fourth Circuit Court of Appeals Upholds Preclusion of Owner’s Indemnification and Contribution Claims Against Architect Under the Fair Housing Act and the Americans with Disabilities Act

By Peter C. Lenart, Esq.

The United States Court of Appeals for the Third Circuit Enforces a Waiver of Consequential Damages Provision and Holds that a Contractual Indemnity Provision Applies Only to Third-Party Disputes

By Rita C. Mercado, Esq.

Texas Supreme Court Holds That Parties Are Permitted to Agree to Expand Judicial Review of Arbitrator’s Decision

By Meredith L. Murphy, Esq.

New Hampshire Court Finds Plaintiff’s Claims Barred by the Statutes of Limitations and Repose and Dismisses All Claims Against Architect

By Jacqueline J. Rompre, Esq.

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The Design and Construction Management Professional Reporter: March/April 2011

Inside this issue:

Recent CA Jury Verdict May Heighten Duty for Design Professionals

By Carrie G. Strasser, Esq.

Comparative Analysis of Architect’s Duty to Guard against Construction Defects which Threaten Public Safety

By Kristina S. Raevska, Esq.

Wyoming Court Adheres to the Economic Loss Doctrine to Bar Negligent Misrepresentation Claims

By Luke R. Conrad, Esq.

Florida Courts Bars Limitation of Liability Provisions in Professional Negligence Cases against Individual Professionals

By Kristen R. Ragosta, Esq.

United States Court of Appeals for the Ninth Circuit Recognizes Exception to Economic Loss Doctrine in Washington State

By Daniel C. Poteet, Esq.

Read More

The Accountant/Attorney Liability Reporter: March/April 2011

Inside this issue:

Fair Value Opinion Engagements

By John B. Connarton, Jr. P.C.

Auditor’s Obligation to Third Parties

By Nathanial Paty and Cheryl A. Waterhouse, Esq.

Accountant Compensation Dispute Governed By State Law When Not Specified in Agreement

By Justin M. Jagher

Auditor Obtains Dismissal of Claims by Shareholder Where Assets Invested with Bernie Madoff

By Daniel C. Poteet, Esq.

Protecting Your Business Interests: Non-Competition and Other Restrictive Covenants

By Chris Whitten and Cheryl A. Waterhouse, Esq.

Read More

Client Alert: Massachusetts Amends Mechanic’s Lien Law to Include Design Professionals

On January 5, 2011, amendments to the Massachusetts mechanic’s lien statute (G.L. c.254) were signed into law.

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Design & Construction Management Professional Reporter: September/October 2010

Inside this issue:

Green and Sustainable Design: Part 2: Contractual and Risk Management Recommendations for Design Professionals to Manage Risk and Maximize the Availability of Professional Liability Insurance

By Sue E. Yoakum, AIA, Esq., Donna M. Hunt, Lexington Insurance Company, and Valerie P. Onderaka, Risk Specialists Companies Insurance Agency, Inc.

Significant Change in Colorado Law Impacts Traditional Coverage interpretation of Commercial General Liability Insurance Policies

By Peter C. Lenart, Esq.

Colorado Court of Appeals Recognizes Economic Loss Rule as Defense to Contractor’s Fraud Claims Against Engineer

By Daniel C. Poteet, Esq.

Hawaii Appellate Court Confirms Construction Defect Claim Does Not Constitute an Occurrence Under a Commercial General Liability Policy

By Amanda Sirk, Esq.

Economic Loss Rule: A Variable Defense in Colorado for Design Professionals

By Marisa Skoglind, Esq.

Colorado Court Bars Limitation of Liability Provisions for Design Professionals

By Justin Jagher, Esq.

Read More

Announcement: Donovan Hatem LLP is Pleased to Announce the Release of Two New Books

Megaprojects: Challenges and Recommended Practices and Design-Build Subsurface Projects, Second Edition

Read More

Client Alert: New Massachusetts “Prompt-Pay” Law Governs Private Construction Contracts

Massachusetts recently inserted a new Section 29E into Chapter 149 of its general laws requiring construction payments to be paid promptly.

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“What’s a Structural Engineer to Do?: The Collaborative World of Building Information Modeling and Integrated Project Delivery”

Legal Perspectives Column, August 2010, STRUCTURE Magazine

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The Design and Construction Management Professional Reporter: June 2010

Inside this issue:

Green and Sustainable Design: Part 1: Professional Liability Risk and Insurability Issues for Design Professionals

By David J. Hatem, PC

New Rhode Island Legislation Proposes to Alter Retention Process for A/E Firms on Public Projects

By Brian C. Newberry, Esq.

Indemnification — A Contractual Sword and Shield: Tips on How to Enter Into Contracts Which Leave Design Professionals Well Armed and Well Protected

By Peter C. Lenart, Esq.

Illinois Court Expands Engineer’s Duty of Care Beyond the Terms of the Applicable Contract

By Lynn M. Squillace, Esq.

The Economic Loss Doctrine Bars an Owner from Asserting Negligence Claims Against a Design Professional with Whom the Owner is in Privity of Contract

By Kristina S. Raevska, Esq.

Read More

Design Professional White Paper: “Green and Sustainable Design Part 1: Professional Liability Risk and Insurability Issues for Design Professionals”

Whitepaper by David J. Hatem, PC

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“RFIs and Shop Drawings: How to Manage Risk and Reduce Liability”

Legal Perspectives column, March 2010, STRUCTURE Magazine

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The Design and Construction Management Professional Reporter: February 2010

Inside this issue:

Project-Specific Insurance Advisory: Recent Problematic Trends in Project-Specific Professional Liability Insurance Programs

By David J. Hatem, PC

Recent New York Office Summary Judgment Victories

California Supreme Court and New Mexico Court of Appeals Strictly Interpret the Defense Obligation Routinely Found in Indemnity Provisions

By Michelle R. Epstein, Esq.

Mississippi Court Affirms Decision in Favor of Architect Whose Design Did Not Meet OSHA Regulations

By Rita C. Mercado, Esq.

Florida Court of Appeals Further Restricts Applicability of Limitation of Liability Provisions in Professional Services Contracts

By Peter C. Lenart, Esq.

Substantive Differences Between New Jersey and New York Regarding Arbitrators’ Interpretation of the Issues to be Resolved

Hawaii Court Finds No Duty of Care to Seller

By Sa’adiyah Masoud, Esq.

Read More

The Accountant/Attorney Liability Reporter: February/March 2010

Accountant Liability for Third Party’s Embezzlement

By Cheryl A. Waterhouse, Esq.

Threat of Tax Liability Enough to Hold Accountant Liable

By Michelle R. Epstein, Esq.

Illinois Judge Allows Bankruptcy Trustee Another Chance to Hold Auditor Liable for Fraud

By Justin M. Jagher, Esq.

Existence and Potential Waiver of the Accountant-Client Privilege

By Douglas M. Marrano, Esq.

Court Dismisses Securities Fraud Claim Against Law Firm

By Mark D. Szal, Esq.

New York Court Awards Judgment to Homeowner Against Attorney Over Bankruptcy Advice

By Douglas M. Marrano, Esq.

Read More
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