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.

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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.

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“Cost Estimates, Project Budgets, and the Structural Engineer”

Legal Perspectives column, January 2010, STRUCTURE Magazine

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“Managing Your Practice in a Down Economy”

Legal Perspectives column, December 2009, STRUCTURE Magazine

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Alert: New Indemnification Language in Connecticut State Courts

Architects and Engineers providing services to public owners in Connecticut need to be aware of recent changes in State contracting practices.

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“Structural Design Delegation”

Legal Perspectives column, November 2009, STRUCTURE Magazine

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The DH Benchmark: Winter 2009

Inside this issue:

Under the Limbo Stick—How Low Can You Go?

By Sarah K. Willey, Esq.

General Contractor Held Liable for Harassment Directed at Non- Employee on Job Site

Massachusetts Court Rules Gender Discrimination Law Applies to Businesses with Fewer than Six Employees

By Douglas M. Marrano, Esq.

How Can Employers Save Money on Health Insurance?

By Joseph Russo, CEBS, LIA

“Rank-And-File” Employee Not Subject to Fiduciary Duty Rule, Says Federal Court
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The Design and Construction Management Professional Reporter: October 2009

Inside this Issue

Analysis of Best Practices in the Management of Design Errors and Omissions

By Justin M. Jagher, Esq.

Recent Court Interpretations of the Economic Loss Doctrine

By Marc A. Cohen, Esq.

Design Professionals Dismissed from Two New Hampshire Lawsuits

By John W. Dennehy, Esq.

Georgia Court Upholds the Validity of an Owner-Design Professional Contractual Liability Limitation Provision

By Kristina S. Raevska, Esq.

The Alabama Supreme Court Affirms General Contractor’s Recovery from Testing Engineer

By Samuel R. Pierce, Esq.

Megaproject Issues and Challenges: Some Informal Remarks

By David J. Hatem, PC

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The Accountant/Attorney Liability Reporter: October 2009

Inside this Issue

The Basics of Accountant Malpractice: Things Every Accountant Should Know

By Douglas M. Marrano, Esq.

The Importance of Engagement Letters

By Brian C. Newberry, Esq.

State Law Determines Whether Third-Party Suit Against Auditor Survives

By Justin M. Jagher, Esq.

Continuous Representation Doctrine in New York

Agreement to Extend Time to Sue Upheld

By Michelle R. Epstein, Esq.

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“Standard of Care and the Structural Engineer”

Legal Perspectives column, August 2009, STRUCTURE Magazine

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“Contracts”

Legal Perspectives column, July 2009, STRUCTURE Magazine

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“Non-Compete/Non-Solicitation Agreements: Are They the Wave of the Future?”

From June 2009, ACEC/MA Insights.

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“Managing Risks to Design Professionals in an Economic Downturn”

June 2009, ACEC/MA Insights

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The Design and Construction Management Professional Reporter: June 2009

Inside this Issue

Indiana Appeals Court Holds Economic Loss Doctrine Bars Negligence Claims Against Professional

By John W. Dennehy, Esq.

Colorado Court of Appeals Recently Interpreted the Economic Loss Rule as Barring a Fraud Claim

By Sa’adiyah Masoud, Esq.

Acting Beyond the Scope of One’s Contract May Confer Liability for Project Safety

By Michelle L. Moshe, Esq.

Claims of Professional Negligence Must Be Asserted in a Timely Manner and Be Supported by Expert Testimony

By Jordan S. Rattray, Esq.

Changes to the AIA Agreements Regarding Statute of Limitations

By Justin M. Jagher, Esq.

Read More

Donovan Hatem LLP Published the First in a Series of Monthly Risk Management Columns in STRUCTURE Magazine

“Roles and Responsibilities” by David J. Hatem and David H. Corkum

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The Design and Construction Management Professional Reporter: March 2009

Inside this Issue

Federal Government Tightens Integrity Reporting Requirements for Federal Contractors

By Douglas M. Marrano, Esq.

Limitation of Liability Provisions in Arizona: Enforceable and Distinguishable from Indemnity Provisions and the Assumption of Risk Defense

By Marisa M. Skoglind, Esq.

An Expert Cannot Rely on an Engineer’s Code of Ethics in Establishing Standard of Care in North Carolina

By Sa’adiyah Masoud, Esq.

Texas Case Reviews Power of Discovery Rule

By Samuel R. Pierce, Esq.

Minimizing Risks Associated with Construction Cost Estimates

By David M. Ponte, P.E.

E-Verify is Alive, Well and Gaining Speed

By Gwen P. Weisberg, Esq.

Read More

The Accountant/Attorney Liability Reporter: March 2009

Inside this Issue

New York Accounting Law Expands Oversight

By Cheryl A. Waterhouse, Esq.

First Circuit Recognizes Applicability of Work-Product Doctrine to Tax Accrual Workpapers

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

Document Retention for Accountants

By Justin M. Jagher, Esq.

Accountant Liability When a Corporation Commits Fraud

By Cheryl A. Waterhouse, Esq. and Eliana Nader

Law Firm Can Impose Financial Disincentives on Withdrawing Partners

By Cheryl A. Waterhouse, Esq.

Read More

Alert: Federal Government Tightens Integrity Reporting Requirements for Federal Contractors

This amendment tightens an already strict set of Federal Acquisition Regulations (“FARs”) requiring greater integrity in companies doing business with the federal government.

Read More

The DH Benchmark: Winter 2008

Inside this Issue

The Right of First Refusal vs. The Right to Work Where One Wants: the Howie Carr Case

New Developments in Employment Verification

By Gwen P. Weisberg, Esq.

The Next Generation in Your Business: A Succession “Geiger Counter”

By David M. Paradise, Ph.D., President, Family Business Resource Center

Employee Handbooks: Sword or Shield?
Too Many Ds – Principles to Consider When Planning a Stockholder Agreement

By Sarah K. Willey, Esq.

Read More

The Design and Construction Management Professional Reporter: September 2008

Inside this Issue

Infrastructure Inspection Engagements: Opportunities and Perils

By David H. Corkum, Esq.

Reaffirming the Economic Loss Doctrine in Massachusetts

By Justin M. Jagher, Esq.

Action Against Architect Dismissed— Plaintiffs Failed to Comply with Statutory Prerequisite

Limitation of Liability Clauses are Still Viable in North Carolina

Caution Advised for Parties Relying Upon a Contract’s “Flow-Down” Provision to Procure Indemnity from a Subcontractor
Read More
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