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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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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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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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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The Accountant/Attorney Liability Reporter, December 2012

Inside this issue:

AICPA Issues Exposure Draft Of Proposals For Financial Reporting Framework For Small And Medium Sized Entities

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

New Jersey Supreme Court Provides Guidance On The Application Of N.J.S.A. 2A:53A-25: The Accountant Liability Act’s Limitation On Third Party Lawsuits Against Accountants

By Matthew P. Tuller, Esq.

Accounting Firm As Taxpayer Brought Up Short On Difference Between Compensation and Dividends

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

Following The Saying That If You Don’t Succeed, Try, Try Again, The U.S. District Court For The Western District Of Pennsylvania Recently Issued A Decision Denying A Motion To Dismiss An Amended Complaint Filed Against An Accounting Firm Where Seven Months Earlier The Court Had Allowed A Motion To Dismiss The Original Complaint

By Justin M. Jagher, Esq.

Third Party Liability for Tax Opinions: Sixth Circuit Rules Opinion Letter Actionable Under RICO

By Daniel DeBlander

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Design and Construction Management Professional Reporter: December 2012

Inside this issue:

Attorneys’ Fees – How Much Can I Recover?

By Justin R. Giles, III, Esq.

Architect Succeeds In Limiting Liability By Memorializing Agreement For Changes In Scope

By Justin M. Jagher, Esq.

Absolute Legislative Immunity Regarding Alleged False Statements Pertaining To a Bidder’s Credentials Is Not Extended to Engineer Retained By City

By Matthew F. Lenzi, Esq.

Wisconsin Appellate Court Holds that Contract Claims are Barred by the Statute of Limitations and Contracts Incorporating both Products and Professional Services May be Encompassed within the Economic Loss Rule under the “Predominant Purpose” Test

By Pamela C. Selvarajah, Esq.

Recent Client Experience Reminds Companies to Take Care With “Form” Contracts of All Types

By Peter C. Lenart, Esq.

Supreme Judicial Court Rules Valid Contractual Limitation Period

By Colin M. Black, Esq.

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Massachusetts Extends Land Use Permits—Again

By Neal B. Glick and Peter M. Vetere. Read full article.

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The Accountant/Attorney Liability Reporter: September/October 2012

Inside this issue:

In Pari Delicto Defense Applies Against a Trustee Suing For Professional Negligence

By Amanda E. Mathieu, Esq.

PCAOB Issues Report on the Progress of the Interim Auditor Inspection Program

By John B. Connarton, Jr.

Legal Considerations for Adding a Partner to your Accounting Firm – One Cautionary Tale

By Sa’adiyah Masoud

Lender’s Lack of Reasonable Reliance on Audits of Borrower Precludes Finding Against Accountant

By John B. Connarton, Jr.

When Does Malpractice Occur?

By Justin R. Giles, III

Second Circuit Court of Appeals Affirms Importance of Pleading Requirements for Fraud and Strictly Applies Test for Accountant Liability to Investment Fund Investors Absent a Contractual Relationship

By Daniel C. Poteet, Esq.

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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.

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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.

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