Alert: Amendment to New York’s Wick Law Takes Effect on July 1, 2008

The Wicks Law requires public owners to commission their design professionals to prepare separate specifications for the electrical, plumbing, and HVAC components of public works and public housing authority projects.

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The DH Benchmark: Summer 2008

Inside this Issue

Maternity Leave: It’s Not Just For Women Anymore

By Sarah K. Willey, Esq.

New Federal Law Prohibiting Discrimination on the Basis of Genetic Information

By Cheryl A. Waterhouse, Esq.

U.S. Supreme Court Revisits Retaliation Claims In Employment Context

Structuring a Merger for Architects & Engineers

By James DeLeo, CPA, MST
Gray, Gray & Gray, LLP

E-Verify is Alive, Well, and Gaining Speed

By Gwen P. Weisberg, Esq.

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Alert: Design for Construction Safety Initiative

We call your attention to a construction safety initiative that appears to be gaining traction within certain segments of the design and construction industry.

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“Public-Private Partnerships: Opportunities and Risks for Engineers and Constructors Involved in Subsurface Projects”

Design Professional White Paper by David Hatem, PC

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The Design and Construction Management Professional Reporter: April 2008

Inside this Issue

New York Court Imposes Duty on Design Professional to Third-Party Owner in Light of Certifications to City Building Department

By Douglas M. Marrano, Esq.

Arizona Court of Appeals Upholds a Limitation of Liability Clause, but Rules that a Jury Must Decide the Enforceability of the Clause

By Daniel C. Poteet, Esq.

Nebraska Federal Court Denies Summary Judgment for Architect on Professional Negligence Claim

By Douglas M. Marrano, Esq.

Surety is not Responsible for its Principal’s Punitive Damages

By Sa’adiyah Masoud, Esq.

Public-Private Partnerships: Opportunities and Risks for Engineers and Constructors Involved in Subsurface Projects

By David J. Hatem, PC

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The Accountant/Attorney Liability Reporter: April 2008

Inside this Issue

Deductibility of Investment Advisory Costs for Estates and Trusts After Knight

By Cheryl A. Waterhouse, Esq.

Accountants Prevail in Enforcing Limitation of Liability Clause in Engagement Letter

The Importance of Defining the Scope of the Engagement

By Cheryl A. Waterhouse, Esq.

Work Product Doctrine Protection for Tax Accrual Papers on Appeal

By Mark D. Szal, Esq. and Cheryl A. Waterhouse, Esq.

Auditor May Be Primarily Liable for Securities Fraud for Failure to Correct False or Misleading Financial Opinions

By Douglas M. Marrano, Esq.

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The DH Benchmark: Spring 2008

Inside this Issue

Guilt by Association: An Employer’s Liability for Hiring an Employee with a Non-Compete Agreement

Former Employee Challenges Massachusetts Law Prohibiting Gender Discrimination Claims Against Businesses with Fewer than Six Employees

By Doulgas M. Marrano, Esq.

Privately-Held Companies and Section 404 of the Sarbanes-Oxley Act of 2002

By Travis M. Drouin, CPA, CIA,
Partner, Moody, Famiglietti & Andronico

The High Cost of Slacking Off : Ramifications for Breach of the Implied Covenant of Good Faith and Fair Dealing

A New Declaration of Independence — Doing It Right: The Revised Independent Contractor Law

By Cheryl A. Waterhouse, Esq.

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Design Professional White Paper: “Design Responsibility in Integrated Project Delivery: Looking Back and Moving Forward”

Whitepaper by By David Hatem, PC

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The Design and Construction Management Professional Reporter: January 2008

Inside this Issue

Massachusetts Court Rules Design Team Is Not Responsible for Contractor’s Failure to Perform Work

By John W. Dennehy, Esq.

Georgia Court Upholds Enforceability of Limitation of Liability Clauses in Favor of Design Professional

By Eric Howard, Esq.

Mississippi Appeals Court Rejects Exculpatory Clause Argument

United States Court of Federal Claims Finds No Breach of Implied Warranty

By Peter C. Lenart, Esq.

Texas Case Reviews Power of the Discovery Rule

By Samuel R. Pierce, Esq.

The Pendulum Begins to Swing Back: Recent Judicial Limitations on the Negligent Misrepresentation Exception to the Economic Loss and the Spearin Implied Warranty Doctrines

By David J. Hatem, PC

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The Accountant/Attorney Liability Reporter: October 2007

Inside this Issue

Immigration Impact On Employment Practices

First Circuit Finds No Attorney-Client Relationship Exists Between Counsel Retained By A Corporation And A Corporation’s Investors

Court Enforces Limitation Of Liability Clause In Accountant’s Engagement Letter

Court Holds Statute Of Limitation Begins To Run When Client Incurs Legal Fees To Defend Claims Arising From Accounting Firm
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The Design and Construction Management Professional Reporter: October 2007

Inside this Issue

The Existence Of A Fiduciary Duty Between Architect And Its Client Is A Question Of Fact

By Jordan S. Rattray, Esq.

Massachusetts Supreme Judicial Court Recognizes Joint Defense Privilege Under The Common Interest Doctrine

By Amanda Y. Sirk, Esq.

There Is No Common Law Right To Indemnity Against Design Professionals For Violations Of The ADA

By Leslie P. King, Esq.

California Appeals Court Rejects Public Owner’s Attempt To Disclaim Geotechnical Data

By David H. Corkum, Esq.

Pursuing Legal Defenses At The Outset Of Litigation Can Be The Difference Between Winning And Losing

By Damian R. LaPlaca, Esq.

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The DH Benchmark: Fall 2007

Inside this Issue

Whose Good Will Is It, Anyway?

®, TM and SM – What’s The Difference?

By Sarah K. Willey, Esq.

Business Trends In Executive Compensation And Benefits

By Jim Blue, CEO, The Bostonain Group

Documentation For A Venture Capital Investment In A Private Company

Instant Messaging Use Policies

By Damian R. LaPlaca, Esq.

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“Killer Contract Clauses”

A column by David H. Corkum in Tunnel Business Magazine

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Pursuing Legal Defenses at the Outset of Litigation Can Be the Difference Between Winning and Losing

A column by Damian LaPlaca

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The Design and Construction Management Professional Reporter: July 2007

Inside this Issue

New Hampshire Supreme Court Rejects Plaintiff’s Argument To Apply Both The “Special Relationship” And Negligent Misrepresentation Exception To The Economic Loss Doctrine

Limitation Of Liability Provisions May Not Be Used To Determine Good Faith Settlement Motions

New Mexico Court Rules That Excess Insurance Carrier Must Defend A Design Professional Even Though The Primary Insurer’s Policy Limits Had Not Yet Been Reached

Federal Claims Court Rules That Architect’s Imperfect Plans Did Not Breach Duty or Contract

Federal Claims Court Ruling Suggests That A Plaintiff’s Claims For Breach Of Contract Specifications And Differing Site Conditions May Be Combined

By Melissa S. Lee, Esq.

Immigration Impact On Employment Practices

By Gwen P. Weisberg, Esq.

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Legal Considerations For Design Professionals Involved In The Identification, Evaluation, And Mitigation Of Geo-Hazards

Presented by ASCE Metropolitan Section Geotechnical Group, New York City

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The Design and Construction Management Professional Reporter: April 2007

Inside this Issue

Adjudication Of Contractor’s Defective Specification Claim “Collapses” Into Its Parallel Differing Site Condition Claim

By David H. Corkum, Esq.

Court Of Appeals Rules Engineer Entitled To Award Of Attorneys’ Fees In Unsuccessful Suit By Contractor

Engineer May Have A Duty To A Surety, Despite An Exculpatory Clause Stating Otherwise

By Jordan S. Rattray, Esq.

Georgia Federal Court Grants Summary Judgment For Architect On Breach Of Contract And Negligence Claims

Armed Services Board Of Contract Appeals Substantially Rejects Contractor’s Multi-Million Dollar Claim For Damages
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“How to Procure a Tunneling Project: Part I, The Problem; Part II, The Solution”

Co-authored by David H. Corkum for Underground Infrastructure Management

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The Accountant/Attorney Liability Reporter: March 2007

Inside this Issue

Massachusetts Court Rules That Defendant May Seek Contribution From Plaintiff’s Counsel For Malpractice

Pension Protection Act of 2006 Alert: Potential Pitfalls, Penalties and Blacklisting for Appraisers – and Accountants, Attorneys and Fiduciaries?

Litigating In The World of Electronically Stored Information: An Overview of the Amended Federal Rules of Civil Procedure

First Circuit Upholds Decision Requiring Repayment of Corporate Indemnifi cation
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The Accountant/Attorney Liability Reporter: October 2006

Inside this Issue

Engagement Letter and Good Record Keeping Lead to Accountant Defense Verdict

Closing Attorney Not Liable to Seller as Escrow Agent in Absence of Contract With Seller of Property

By Doulgas M. Marrano, Esq.

Massachusetts Probate and Family Court Addresses Lawyer’s Simultaneous Representation of Family Members

Domestic Asset Protection Trusts (DAPT)
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