Donovan Hatem LLP is pleased to announce that its partner, Gwen P. Weisberg, will be a panelist at the New England chapter of the Design Build Institute of America (DBIA-NE) Friday Forum, January 19, 2024. DBIA-NE is hosting a 45-minute Design-Build Community Panel Discussion on the subject of teaming agreements
The cornerstone for the success, or failure, of every design-build project.Read More
Boston, December 13, 2023 – Donovan Hatem LLP is looking forward to its upcoming slate of of Newsletters and Roundtables as it enters the New Year. Below are some of their immediate plans as they enter the 2024 year.
Design & Construction Management Professional Reporter Series on Artificial Intelligence (AI)
Artificial Intelligence (AI) represents an evolving intersection among technological advancement, human innovation and Design Professionals’ standards, judgments and capabilities. Design Professionals’ use of AI creates new opportunities for architectural and engineering services while also generating new and unknown risks and potential liabilities.Read More
Boston, MA (November 20, 2023) – Donovan Hatem is excited to announce that Jacob McComber and Dillion Aisenberg have joined the Firm as new associates in the Professional Practices group.
Jacob McComber is an Associate in the firm’s professional practice group and focuses on litigation matters. Jacob concentrates his practice on professional liability, insurance defense and tort litigation.Read More
Join us at 8 am Eastern on Thursday, December 7th, for a focused seminar Roundtable that addresses the fundamental skills and strategies needed to mitigate risk in your practice by effectively dealing with clients and other project participants. At this roundtable, we will discuss the following :
- Uncertainty and balancing clients’ expectations, relating to construction costs, project types
and team structures.
- Ways to evaluate and determine acceptable and reasonable contract terms,
Boston, MA (November 1, 2023) – Donovan Hatem is pleased to announce that Preston L. Clinton has joined the Firm as an Associate in the Professional Practices group.
Preston Clinton is an Associate in the Firm’s Professional Practice and Business Litigation groups where he represents individuals and businesses in civil litigation matters in state and federal court with a focus on business law, contract disputes, real estate, land use, zoning, employment law and personal injury.Read More
Gwen Weisberg will be presenting at the upcoming ACEC National Fall Conference to be held October 15-18, 2023 in Austin, TX.
Join Gwen on Monday, October 16th as she delves into the world of contract provisions in her presentation, “15 Most Controversial Contract Provisions.” In this session, Gwen will provide invaluable insights to assist design professionals in avoiding and managing professional liability risks. Attendees can expect to gain an understanding of recommended contract approaches,Read More
In today’s digital landscape, the protection of your work and business against cyber threats is paramount. Building upon the success of our previous seminar, “Cybersecurity for the Design Professional: Mitigating Risks in Today’s Digital World,” we are delving deeper into the critical area of cyber insurance.
Join us Thursday, September 28th, for our roundtable Cybersecurity Insights: A Guide to Insurance Coverage for Design Professionals as we host a panel of seasoned Professional Liability brokers and underwriters who will provide invaluable insights to help you secure the best coverage for your firm.Read More
Join us Thursday, June 22nd, for our June Roundtable Sustainable Design: Practice and Risk Management Implications for Design Professionals. At this roundtable, we will answer the following questions:
- How do Sustainable Design Concerns Impact the Design Professional’s Standard of Care?
- What are some of the important Risk Management Considerations for Sustainable Design?
- Can a Design Professional be held liable for failing to recommend Sustainable Design initiatives to their client?
Boston, June 1, 2023 – Donovan Hatem LLP is pleased to announce that David J. Hatem, founding partner and Chair of the firm’s Professional Practices, has earned top ranking in the 2023 edition of Chambers USA: America’s Leading Lawyers for Business. For the second year, Chambers selected David as a leading practitioner awarding him Band One recognition in the Construction category.
Throughout his career, David has excelled at the representation of and strategic guidance to architects and engineers,Read More
May 2023 Roundtable – Cybersecurity for the Design Professional: Mitigating Risks in Today’s Digital World
Join us Wednesday, May 17th, for our May Roundtable Cybersecurity for the Design Professional: Mitigating Risks in Today’s Digital World as we address cybersecurity and its importance to your business. Over the last couple of years, there has been a significant increase in data breaches and scams. The need for digital protection is greater now than ever. In this roundtable, we will discuss the necessary steps to secure your data, provide real-life case studies and address the legalities of it all.Read More
Join us as we discuss the most controversial contract provisions to assist design professionals in avoiding and managing professional liability risks.
At this roundtable, you will learn:
- the recommended contract approaches design professionals should use
- key contractual provisions and principles
- risk management through contracts and some pitfalls to avoid
- how to descend risks to Sub-Consultants
Gwen P. Weisberg, Partner, Donovan Hatem LLPRead More
David Hatem was recently featured in Engineer News-Record. The article “Will Claims by Contractors on Big Design-Build Projects Ever End?”, written by Richard Korman, discusses the major trend in fixed-price design-build project disputes that have resulted in significant financial and profit losses for some of the largest U.S. contractors over the last decade.
Some of David’s quotes include:
“Attorney David Hatem, who represents engineers, says the trouble with that is there is not much established legal precedent of the standard of care for design work done for an infrastructure design-build proposal.”Read More
January 2023 Roundtable – What’s New: A Review of 2022 and Recent Cases Involving Design Professionals
Join us Thursday, January 27, 2022, for our first Roundtable of 2023 – a timely case study presentation focused on common legal issues faced by design professionals
Thomas Fay, Partner, Donovan Hatem LLP
Stephen Willig, Partner, Donovan Hatem LLP
Barry Rothschild, Of Counsel, Donovan Hatem LLP
Click here to registerRead More
November 2022 Roundtable – Designing for Climate Change, Sustainability and Resiliency (“CCSR”) – Challenges and Concerns
Join us Thursday, November 17th, for our November Roundtable Designing for Climate Change, Sustainability and Resiliency (“CCSR”) – Challenges and Concerns
Questions that will be addressed:
- How do CCSR Concerns Impact the Design Professional’s Standard of Care?
- What are some of the important Risk Management Considerations for CCSR?
- What are some of the challenges in designing for CCSR?
- Can a Design Professional be held liable for failing to anticipate Climate Change?
By all accounts, Design-Build (“DB”) has become the delivery method of choice for most owners of public infrastructure projects (“PIPs”) such as highways, rails, bridges, tunnels, airports and other projects. While DB delivery of PIPs is, beyond doubt, here to stay, contractors and consulting engineers (and other design professionals) involved in PIPs have experienced substantial financial losses and unacceptable levels of imbalanced risk transfer and liability exposures on a prevalent basis.Read More
September 2022 Roundtable – Design Assist, Design Delegation, Design-Build: What are the Differences?
Join us Tuesday, September 27th, when David Hatem will present the Roles, Responsibilities and Risk Allocation for Design Professionals in the context of various Project Delivery Approaches including a discussion of the increased utilization of collaborative approaches to Project Design, and issues associated with design delegation and design assist, CM/GC and Progressive Design-Build.
Questions that will be addressed:
- What are the essential differences between Design Delegation and Design-Assist?
- Who has responsibility for design risk and design adequacy in Design-Assist?
Steve Willig, a partner in the firm, will be speaking at the Design-Build Institute of America (DBIA) New England’s September Friday Forum via Zoom to be held on Friday, September 9, 2022.
His presentation, “Design-Build – Smart Ways to Maintain a Productive Designer-Contractor Relationship,” will discuss techniques to develop at the outset, as well as to maintain throughout the project, that help cement a good working relationship between designer and contractor — ways to make sure you keep the project moving and avoid road bumps.Read More
Boston, MA (August 2022) – Donovan Hatem LLP is pleased to announce that James N. Worden is now a partner of the Firm.
James joined the Firm’s Litigation group in 2021 as Of Counsel, bringing significant experience in Construction Litigation, Design-Bid-Build and Design-Build project delivery and specializes in handling contract negotiation, claim presentation, and litigation of both public and private construction project disputes.
Since joining Donovan Hatem LLP, James has exhibited leadership and expertise in addressing the issues of concern facing the Firm’s clients,Read More
Join Donovan Hatem and ACEC/MA at Design-Build for Consulting Engineers
2 Sessions: July 14 + July 20: (Register for 1 or Both Sessions)7:30 AM: Registration, Hot Breakfast | 8 – 10:30 AM ProgramMHA Conference Center, 500 District Ave, Burlington, MA (with Zoom option)
Please contact email@example.com for more information and the form to register
July 14: Design/Build: Professional Liability Risk For Consulting Engineers
• David J. Hatem, PC,Read More
Article: Washington State Department of Transportation v. Seattle Tunnel Partners: Appellate Court Affirms Denial of DSC Claim
In a June 14, 2022 Unpublished Opinion, the Court of Appeals of the State of Washington in Washington State Department of Transportation v. Seattle Tunnel Partners, No. 54425-3-11, 2022 WL 2132780, (Wash. Ct. App. 2022), (“WSDOT-STP”) affirmed a Trial Court judgment denying entitlement of a Design-Builder’s differing site condition (“DSC”) claim.
The WSDOT – STP litigation arose out of the Alaskan Way Viaduct project,Read More