“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.

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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.

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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.

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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.

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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.

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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
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“TBM Roundtable: Design-Build. Will One of the Oldest Construction Models Build Tomorrow’s Tunnels?”

David Hatem participates in the Tunnel Business Magazine roundtable discussion

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Alert: New York: Liability Insurance Late Notice Reform—Prejudice Now Required

This amendment has radically changed insurance law in New York by eliminating a longstanding, and potent, insurer defense.

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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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