Standard of Care

At the center of the debate in every claim against an architect or engineer is — did the professional services provided meet the standard of care? This question arises often on projects when construction costs and change orders start to rise and endanger the ability to build the project for the anticipated construction costs.
In 2018,

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A Look Back at What’s Ahead: A Review of 2017 and recent cases impacting Design Professionals

Come celebrate the new year and our 25th anniversary of the Roundtable Series with a look back at what’s ahead! Join us for a presentation on February 15th to hear some of the most noteworthy professional liability claims handled by Donovan Hatem attorneys.
Eric A. Howard will recap a few of their most interesting cases and highlight critical issues and trends for design professionals.

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Climate Change and Design: What do Owners want from their Design Professionals?

Climate change considerations are becoming increasingly important in the design process. Project owners are being presented and challenged with a range of decisions regarding design options with respect to climate risk. That field of options and range of corresponding owner decisions present professional liability risk issues for consulting engineers. Join us on January 25th to hear from a panel of experts about what is being done at the state and local levels to address that challenge and to promote best practices in engineering projects.

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Teamwork: Prime-Consultant Relations and How to Establish a Collaborative Design Team

Please join us on December 7th for Donovan Hatem’s Design Professional Roundtable which will feature a panel discussion on a variety of important subjects relating to assembling a collaborative design team. The panel includes:

  • Josh Alston – Risk Manager, Nitsch Engineering
  • Edward Hughes – Chief Financial Officer, Shepley Bulfinch
  • Chad Wisler – Managing Principal Vanderweil Engineers
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Professional Liability Insurance: Perspectives on the State of the PLI Industry

Donovan Hatem’s September 7th Design Professional Roundtable will feature a panel discussion on a variety of important subjects relating to professional liability insurance for design professionals.  The panel will include underwriters from major professional liability insurers and will be moderated by David Hatem. 

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The 2017 Updates to the AIA Contract Documents

In 2017 the American Institute of Architects (AIA) updated its contract documents as part of its regular 10-year revisions. These well-regarded, industry standard agreements take into account recent developments in the design and construction industry.

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Good Neighbor Design Practices

How do design professionals take into account adjacent external conditions and considerations in the design of their project? Good neighbor design practices require an understanding of the conditions (under, on and above) adjoining properties and structures, as well as identifying risks of damage and meeting the standard of care for structural design. Join us for a program focused on contractual and risk management recommendations for design professionals performing services in this context.

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Understanding Design-Build: Risk Allocation and the Professional Liability Claims Experience

Design-build (DB) is on the rise as the delivery method of choice for many owners seeking to contain cost overrun and other project risk exposures. However, design professionals face unique risks and challenges when utilizing DB. Learn what this trend means for design professionals in the areas of business development, teaming and collaboration with contractors, professional liability and related commercial risk exposures, risk management and contracting practices, insurability of risk, and quality assurance/quality control practices.

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Design Professional Marketing: the Do’s and Don’ts from RFPs to Project Completion

marketing do's and don'tsWhether a design professional is tweeting project photos or disclosing project details in an RFP – marketing comes with hidden risks. To manage these risks, design professionals need to understand how contracts, intellectual property ownership and licensing rights may affect their marketing activities.

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Early Warning Signs and Problem-Solving Approaches to Construction Phase Issues

early warning signs and problem-solving approaches to construction phase issuesIf during construction an issue arises, you may still be months away from a claim. What can be done early on to avoid or change the outcome of construction phase issues or claims? Presenters William Perry, P.E., M.ASCE and Gwen Weisberg, Esq. will discuss cases involving construction phase issues; how they were resolved, including what worked/didn’t work and why.

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2016 in Review: Successful Cases and Lessons Learned for Design Professionals

2016 in ReviewCome celebrate the new year with us! Join us for a panel presentation on January 5 to hear some of the most noteworthy professional liability claims handled by Donovan Hatem attorneys. Partners David J. Gorman, William D. Gillis and Colin M. Black will recap a few of their most interesting cases and highlight critical issues and trends for design professionals.

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Construction Institute Boston Day-Summit

Partner David J. Hatem is set to present Legal Perspectives on Alternative Project Delivery and Design-Build Methods at the Boston Society of Civil Engineers Section (BSCES) Boston Day-Summit on Friday, December 2. This full-day seminar is sponsored by the Construction Institute Boston Chapter and will feature presentations on a mix of project case studies, technical review, technology and innovative planning and construction techniques, and specific construction projects and detailed challenges.

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Risk Allocation for Subsurface Conditions in Design-Build and P3

The Risk Management in Underground Construction conference in Miami, Florida on Nov. 14 – 16 will explore all aspects of risk management in the project planning, design and construction phases of underground construction projects. Donovan Hatem Partner David Hatem is among the speakers this year and will discuss “Risk Allocation for Subsurface Conditions in Design-Build and P3s.”

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Avoiding Contract Claims and Hazardous Communications: Key Provisions in Strong Design Professional Agreements

In the architectural and engineering industries, the competitive marketplace may often lead design professionals to waive certain protective contractual provisions in order to “win” a job. Join us for a vital discussion of AIA agreements and key provisions for a strong design professional agreement that can provide protection. Effective use of these fundamental provisions can shield a design professional from potential legal liability or assist in terminating litigation after it has started.

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Recent Court Decisions: Trends in Liabilities and Litigation Impacting Design Professionals

Legal interpretations are constantly evolving based on court decisions, forcing professionals to stay up-to-date on the latest legal trends to avoid stumbling into costly litigation. Donovan Hatem litigation partners David Gorman and Colin Black will recap some of the most important recent case decisions involving professional liability claims against design professionals.

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Managing Digital Risks: Cyber and Data Security for Design & Construction Professionals

Beyond Cost, Schedule and QualityIn today’s fast-paced digital world, most would agree that the convenience and ease of working online outweigh the risks, but is it possible to keep digital work safe? When it comes to managing risk, you can never be too prepared. Online hackers, shifting compliance standards and misconceptions regarding insurance can all pose threats to your projects and workplace. Fortunately, you can meet these challenges head-on with the right tools.

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Being an Expert Witness

Expert Witness

Expert witnesses are hired to provide their extensive insight into a particular subject in support of their client’s case. Join us for an overview of what it takes to work as an expert witness and what to expect when engaging an expert.

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Central Artery/Tunnel Project: Perspectives, A Decade Later

A decade has passed since substantial completion of the Central Artery/Tunnel Project (the “CA/T Project”). Despite all of its tremendous benefits and achievements, the CA/T Project continues to be controversial. For some in Boston and elsewhere, the CA/T Project represents a special and contradictory destiny and legacy, from conception, planning and funding, to design and construction, through final completion. For others of us, the celebration of success is warranted, well-deserved and long overdue.

Join us for a panel discussion that will reflect on the CA/T Project experience from different perspectives, address lessons learned for other megaprojects, and provide insights and analysis as to how the delivery, funding and financing of present and future megaprojects has been and will be influenced by those lessons learned.

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Employment Practice Issues for Design Professionals

Employment Practice Issues

Understanding legal requirements governing the employment relationship and immigration rules is critical for a successful and effective business. Join Cheryl Waterhouse, Esq. and Gwen Weisberg, Esq. for an overview of employment law including developments in state and federal laws and tips for staying in compliance. Learn best practices for addressing accommodation and leave requirements, discrimination and harassment complaints, as well as classification and wage issues. The program will also explore immigration topics including I-9s, site visits and verifications.

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Lessons Learned: Design-Build Case Studies for Engineers

Avoiding or mitigating major liability claims is a vexing concern for design professionals involved in Alternative Delivery Systems (ADS).

Join David J. Hatem, PC and Paul Kelley for a program offering sound advice for engineers regarding Design-Build and Public-Private Partnership initiatives. Learn where others went wrong and how to avoid making those same mistakes. This essential program will provide attendees with a “path forward” and risk mitigation strategies.

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