Patricia Gary will be a speaker at the Environmental Business Council New England’s Third Annual New England Climate Change and Resiliency Summit on Friday, July 23, 2021.
Trish will present at the morning session regarding the professional standard of care and climate liablity, including:
- The impacts from climate change are already occurring, creating new design challenges.
- Recent case studies illustrate that “reasonably foreseeable” future conditions are changing the legal standards for the design and construction of new infrastructure,
Architects, engineers, and other design professionals should take note of two recent Massachusetts opinions which underscore the need to consider the complexities professionals face when evaluating supposed errors in judgment, and whether those errors even caused harm. The first, Doull v. Foster, SJC 12921 (February 26, 2021), eliminated the confusing “substantial contributing factor” test in favor of adopting the “but for” standard for proximate causation. This requiring plaintiffs prove their harm would not have occurred “but for” the defendant’s conduct.Read More
A notice of a design issue or design claim is a serious matter.
A serious matter merits, and requires, a serious response. When an issue or claim is asserted, a number of steps should be taken, and a thorough, meaningful investigation should be conducted.
Join us for our June Roundtable on Thursday, June 24, 2021 presentation as we will:
- Address the steps to be taken to evaluate an allegation that a design error or omission was made.
Paul Muniz authored the chapter, titled “Design Professional Legal Responsibilities – Construction and Completion Phases” in the recently published Design Professional’s Guide to Construction Law by the American Bar Association.
The objective of Paul’s chapter is to explore the legal responsibilities of design professionals providing construction administration services to bring a project through to final completion once the ground is broken. This chapter provides guidance on site visits to verify conformance with the Contract Documents,Read More
Client Alert: Full Staff of New York Courts Due Back May 24, But Some COVID19 Changes In Litigation Are Here To Stay
The difference in how civil litigation was conducted in New York before COVID and now could not be greater. Overnight, the system where the vast majority of court business was conducted live inside a courthouse was shut down. After a hiatus, as everyone scrambled to enhance their technical capabilities, court proceedings finally resumed via remote means. While the pace of pre-trial proceedings and appeals had increased over time, all civil jury trials were initially postponed indefinitely and have resumed only in very limited numbers.Read More
Donovan Hatem is excited to announce that Eric Howard, Partner and Co-Chair of the firm’s Litigation practice is sharing his specialty legal expertise within the architecture and engineering professions in Massachusetts. As part of the ACEC/MA Leadership Education curriculum, Eric brings his 30+ years experience to help design professionals manage risk and avoid legal pitfalls through careful contracts, eye-opening understandings, and precise writing to avoid “wording-dangers”.
Eric is the instructor for two courses: Emerging Leaders – Risk Management session,Read More
Patricia Gary is the Program Chair and speaker at the upcoming MassBar Association Climate Change program on Wednesday, June 2, 2021.
The program “Climate Change: Recent Developments in Massachusetts Law” is presented by the Massachusetts Bar Association’s Development and Construction Law Practice Group and will focus on recent developments in Massachusetts law relating to climate change.
This program is part one of a two-part series and will address:
- The new and historic Massachusetts climate change law,
At the Donovan Hatem January 21 Roundtable, we discussed the decision in The Committee for Environmentally Sound Development v. Amsterdam Ave Redevelopment whereby a New York trial court annulled a resolution of the Board of Standards and Appeal, thereby revoking a DOB permit, and directed the removal of many floors of a nearly completed high rise building. At our Roundtable we reported an appeal had been taken from that decision, and the appeal was supported by amicus briefs from the NY Building Congress,Read More
Join us Thursday, March 18th to learn about new climate change policies during 2020-2021. Climate change considerations are increasingly important in the design process. Learn what is being done at the state and local levels to address the challenge and how effective risk management strategies incorporate resilience measures into design
- The Commonwealth’s key initiatives to advance its net-zero and climate resilience goals, with a focus on the 2050 Decarbonization Roadmap, Resilient Massachusetts Action Team (RMAT) climate resilience tools and guidelines,
This new year let’s look back to see what’s ahead! Join us Thursday, January 21, 2021, for this timely case study presentation focused on common legal issues faced by design professionals including:
- Statute of Limitations
- Duty to Defend
- Risk Exposure
- Contractual Provisions
- COVID-19 Impact
Boston, MA (January 8, 2021) – Donovan Hatem LLP is pleased to announce the election of Adam Benevides and Sean McCarthy as new partners of the Firm.
Adam Benevides joined the firm in 2013 where he has focused his practice on representing plaintiffs and defendants in complex commercial litigation disputes, insurance and tort defense, premises liability, employment matters, construction litigation, and professional practices. For over seven years, Adam has successfully managed complex cases from inception through trial preparation for Donovan Hatem clients.Read More
by David J. Hatem, PC
For a PDF version of the article, click here
In the last 18 months, the signs and signals, if not alarms, that something is seriously veering off the tracks in Design-Build (“DB”) delivery on major public infrastructure projects have become increasingly evident by comments and actions of a number of diverse and important constituencies in the construction, design and insurance industries. The root causes of many of the negative experiences and trends on those DB projects arise out of certain Owner procurement and contractual practices that are adversely,Read More
In one of the few cases addressing Connecticut’s Beer Franchise Law, a combined effort by Donovan Hatem attorneys Joshua Stern (New York) and Shaun Loughlin (Boston) was able to thwart a foreign brewer from terminating a local wholesaler’s distribution rights. The case was first argued in the Connecticut Department of Consumer Protection, Liquor Control Commission, and then affirmed by the Superior Court. Even though the foreign brewer had withdrawn the product from the marketplace for more than a decade,Read More
David Hatem will be presenting a webinar for ACECMA, held on Tuesday, December 15, 2020, to discuss Current Issues in Design-Build for Design Professionals.
Topics to be addressed:
Understanding and mitigating risk issues for design professionals on Design-Build and P3 projects
Consider practices that can be employed to optimize an engineering design firm’s position in Design-Build and P3 projects.
Understand issues for approaching a Design-Build project when your firm is the consultant to the prime contractor – during the procurement phase as well as during the during the design &Read More
Jon Cowen recently spoke at the ACEC/MA Risk Management Forum to Discuss D’Allessandro Decision and 2 recent Board of Registration Policies/Advisories
The Forum, held virtually on December 1, 32020, discussed:
- Recent MA High Court Ruling on Statute of Repose in Multi-phase, Multiple Building Project, D’Allessandro v. Lennar Hingham Holdings, LLC
- ACEC/MA is grateful to Donovan Hatem for filing an amicus brief on our behalf in this case.
Boston, MA (December 3, 2020) – Donovan Hatem is pleased to welcome Eric Asquith as Of Counsel and Kamilah “Kam” Land as an Associate to the Firm.
Eric joins the Firm’s Litigation group where he concentrates his practice on complex commercial litigation. He also brings to the firm extensive experience in employment law, product liability, professional liability and more.
Eric also brings deep industry experience to his real estate work, such as having run a real estate brokerage,Read More
Boston, MA (November 17, 2020) – Donovan Hatem is pleased to announce that Sarandos Markopoulos has joined the Firm’s Professional Practices and Litigation groups as an Associate.
Sarandos focuses his practice on analyzing claims to effectively participate in decisions related to resolution strategy and regularly advises clients on the strength of claims and defenses, dispute avoidance and resolution.
Sarandos received his J.D. from Boston College School of Law and received his B.A. cum laude from Boston College.Read More
On November 3, 2020, the Massachusetts Supreme Judicial Court (SJC) issued an important decision concerning the interpretation and application of the Statute of Repose. (The Statute of Repose bars claims asserted more than 6 years after an improvement to real estate is substantially completed or opened for use.) Donovan Hatem submitted an Amici Curiae brief to the Court on behalf of ACEC/MA and AIA/MA, representing the interests of the design professional community.
In the case, D’Allessandro v.Read More
Donovan Hatem attorneys Steve Willig and Josh Stern prevailed on a motion to dismiss a third-party complaint on behalf of one of our design professional clients. In the action, a laborer sought to recover for personal injuries alleged to have been sustained when a large slab of concrete fell on him during the course of underpinning work. Claims were asserted under the New York Labor Law against the owner and general contractor,Read More
Boston, MA (November 3, 2020) – Donovan Hatem is pleased to announce that Brendan Malvey has joined the Firm’s Professional Practices group as Of-Counsel.
Recently serving as In-house Counsel for a high-end construction specialties company, Brendan brings over a dozen years of experience in business litigation, professional malpractice, breach of contract, unfair business practices, employment law and insurance coverage and more. He specializes in defending design professionals throughout North America.
Brendan received his J.D.Read More