David Hatem to Speak at the 2022 North American Tunneling Conference

David Hatem will be a panelist at the Underground Construction Association’s 2022 North American Tunneling Conference to be held June 19 – 22, 2022 in Philadelphia, PA.

David’s topic, “The State of DRBs in the Tunnel Industry” will take place on Tuesday, June 21, 2022 and explore Dispute Review Boards. In a joint effort between the UCA of SME and the Dispute Resolution Board Foundation (DRBF), the authors embarked on an informal assessment of the state of the DRB practice in the tunnel industry from the point of view of the Contractor,

Available Now! Project-Specific Professional Liability Insurance on Design-Build and Public-Private Partnership Projects in North America White Paper

In January 2022 Donovan Hatem LLP established a Task Force consisting of professional liability insurance underwriters, brokers, engineers and architects, and lawyers knowledgeable and experienced in various aspects of Project-Specific Professional Liability Insurance (“PSPL”) on Design-Build (“DB”) and Public-Private Partnership (“P3”) projects in North America.

The mission of the Task Force was to gather information and knowledgeable input on certain critical issues on DB and P3 projects in North America regarding the impact of (a) procurement and contractual practices,

Steve Willig to Speak at DBIA NE Friday Forum

Steve Willig, a partner in the firm, will be speaking at DBIA New England’s May Friday Forum via Zoom to be held on Friday, May 6, 2022.

His presentation, “Design-Build – What Are The Tells That Spell Trouble,” will explore what the “telltale” signs of trouble are on a design-build project and focus on the design perspective to inform all team members to recognize trouble spots and how to avoid them.

Registration is not required,

May 2022 Roundtable – Climate Change and Design: Integrating Mitigation and Adaptation into your Practice

Infrastructure design is evolving in response to new net-zero laws and policies focused on resilience. On Thursday, May 19, 2022, Patricia B. Gary, Esq. will moderate a panel of two leading experts in the areas of mitigation and adaptation:

• Molly Dee-Ramasamy, Head of Deep Carbon Reduction at Jaros, Baum & Bolles in New York City, will speak about her work with low-carbon design strategies and electrification technologies to achieve decarbonization, and compliance with New York City’s trailblazing climate legislation,

April 2022 Roundtable: Trial or Arbitration of a Professional Liability Case

The last two years have brought many changes to how we live and work – as well as how one should handle a Professional Liability case should it arise. Join us Thursday, April 7, 2022,  as we explore and discuss the following questions:

• How can you recognize claims early and how can pre-litigation activities reduce claim exposure?
• What happens when a lawsuit is initiated and what are the mechanics of a lawsuit from start to finish?

The Design & Construction Management Professional Reporter: Winter 2021/2022

Inside This Issue:

“Should Geotechnical Baseline Reports be the Universal and Exclusive Contractual Basis for Subsurface Conditions Risk Allocation?”
By: David J. Hatem, PC

Massachusetts Appeals Court Holds MEP Contractor’s Use of “Individual Expertise” to Support Hot Water Tank Installation is Protected by the Statute of Repose

Retail Tenants Continue To Seek Relief From Leases Due To Covid Induced Business Interruptions, While Results Remain Favorable For Landlords
By: Stephen F. Willig

To read a PDF version of the Winter 2021/2022 issue,

January Roundtable – What’s New: A Review of 2021 and Recent Cases Involving Design Professionals

This new year let’s look back to see what’s ahead!   Join us Thursday, January 27, 2022,  for this timely case study presentation focused on common legal issues faced by design professionals including:

• Statute of Limitations
• Duty to Defend
• Indemnification
• Risk Exposure
• Contractual Provisions
• COVID-19 Impact

Speakers:

Eric Howard, Partner, Donovan Hatem LLP

Stephen Willig,

Donovan Hatem LLP Elevates Brendan Malvey to Partner

Boston, MA (January 3, 2021) – Donovan Hatem LLP is pleased to announce that Brendan T. Malvey is now a partner of the Firm.

Brendan Malvey joined the Firm’s Professional Practices group in 2020 as Of Counsel, bringing significant experience in commercial litigation, professional malpractice, employment law, and insurance coverage matters.  Brendan specializes in representing design professionals in complex projects and claims throughout North America.

Since joining Donovan Hatem LLP, Brendan has exhibited leadership and expertise in addressing the issues of concern facing the Firm’s clients and delivering exceptional results.

Eric Howard and Patricia Gary Named to 2021 Top Lawyers List by Boston Magazine

Boston, MA (December, 2021) – Donovan Hatem LLP is pleased to announce that Eric A. Howard and Patricia B. Gary have been listed in the inaugural edition of Boston Magazine’s 2021 Top Lawyers list. The publication recognized over 1,000 best lawyers in the region that are chosen and voted on by their peers.

Eric Howard, Partner and Co-Chair of the firm’s Litigation Department was recognized in the area of Civil Litigation/Defense.

November 2021 Roundtable – Who Owns the Designs? Copyright Protection for Architects and Engineers

Intellectual property rights encourage innovation and benefit the community through leadership, research, and investments. New technologies and discoveries have impacted innovation and are changing the ways that we design and build our roads, bridges, and other structures. Now more than ever it’s important to protect your work in every capacity including down to something seemingly simple such as your copyright.  

Join us for our November Roundtable on Thursday, November 18, 2021, as we discuss:

• Architectural Works Copyright Protection Act and other Copyright Laws
• Fair Use
• Ownership and Work for Hire
• How to Assert a Copyright

Speakers:

Stephen F.

Team of Donovan Hatem Attorneys to Present at the 2021 ACEC National Conference

Two Donovan Hatem attorneys will be presenting at the upcoming ACEC National Conference to be held October 27-30, 2021 in Marco Island Florida.

Gwen Weisberg will present on Thursday, October 28 “Strategies for Effectively Defending and Resolving Claims Through Alternative Dispute Resolution” where she discusses the various elements of a successful negotiation, including how to prepare for and develop a strategy for negotiation and more.

Patricia Gary will present on Friday, October 29 “Climate Change and the Built Environment: Current Thinking for Engineers“,

October 2021 Roundtable – Top Ten Contractual Issues

Join us for our October Roundtable on Thursday, October 21, 2021, as we focus on the top ten key contract provisions to assist design professionals to avoid and manage professional liability risks.

In this presentation, David will discuss:

• Recommended Contract Approaches Design Professionals Should Use;
• Key Contractual Provisions and Principles;
• Risk Management Through Contracts – Pitfalls to Avoid;
• How to Descend Risks to Subconsultants.

Donovan Hatem Welcomes Two Of Counsel Attorneys to the Firm

Boston, MA (September 28, 2021) – Donovan Hatem is pleased to announce that Samuel J. Muir and James N. Worden have both joined as Of Counsel to the Firm. 

Samuel J. Muir joins the Firm’s Litigation practice as a trial attorney based out in California, who specializes in construction litigation with an emphasis on the representation of design professionals. For over 30 years, Sam has successfully represented clients in jury trials, bench trials, binding arbitrations,

Team of Donovan Hatem Attorneys Lead Full Day Seminar on Law for Massachusetts Architects

Join a team of our attorneys on Monday, September 13, 2021, for a live webinar on Laws for Massachusetts Architects.

Topic Discussions Include:

• Understanding the Law of Professional Liability
• The Architect’s Standard of Care
• Understanding the Law of Architectural Copyright
• Architects and Construction Liens
• Overview of Contract Law for Architects
• Complying with Massachusetts Rules of Professional Conduct
• Understanding Massachusetts Building Design Law
• Climate Change and Recent Developments in Massachusetts Law

List of Speakers:

• Jon C.

Surfside Condominium Collapse: Is There a Path Forward to Mitigate Risk of Catastrophe?

by David J. Hatem, PC
August 2021

On Thursday, June 24, 2021, Champlain Towers South, a 12-story beachfront condominium in the Miami suburb of Surfside, Florida, partially collapsed.  As of July 22, 2021, a total of 98 people are confirmed dead, all of whom have been identified. 

I have been involved in several high profile – and tragic – events like the Surfside condominium collapse. Notably, the Minnesota I-35 Bridge Collapse in 2007,

MA Appellate Courts Issue Two Important Decisions Impacting Professional Liability Claims

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.

June 2021 Roundtable – Claims Investigation, Documentation, and Dispute Resolution

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 Authors Chapter in the Design Professional’s Guide to Construction Law

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,

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. 

Eric Howard Serves as Professional Development Faculty for ACEC/MA Courses

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,