The Design and Construction Management Professional Reporter: November 2004

Inside this Issue

Construction Reform Legislation: How Chapter 193 of the Acts of 2004 Impacts Design and Construction Management Professionals

By David J. Hatem, PC

Court Finds Proper Impleading of Architect by General Contractor

Court Holds that Use of Fictitious Party Practice and Relation Back in Actions for Statute of Repose was Inapplicable

State Court in Idaho Rules that Breach of Contract Action Against Engineer is Governed by Malpractice Statute of Limitations

Owner’s Architect has No Duty to Identify Contractor’s Design Errors
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The Design and Construction Management Professional Reporter: July 2004

Inside this Issue

Court Refuses to Grant Construction Manager Sovereign Immunity from False Claims Act Exposure

By David J. Hatem, PC

Federal Court in Texas Rules that the Spearin Doctrine Does Not Bar Sovereign Immunity Defense by Government Entity’s Designer in a Design-Bid Build Contract

Department of Veterans Affairs- Board of Contract Appeals Imposes Duty on Design-Builder to Inquire Regarding Contract Ambiguities Where Design-Builder has Knowledge of Ambiguity

Court Finds Contract Unambiguous and Denies Differing Site Conditions Claim

Department of Veterans Affairs Board of Contract Appeals Concludes that the Inclusion of Specifications in a Design-Build Contract May Shift the Risk of Design Deficiencies to the Owner
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The Design and Construction Management Professional Reporter: February 2004

Developing Risk Indicators for Evaluating Professional Liability Exposure on Major Public Projects: A Broader Dimensional Approach

By David J. Hatem, PC

A Differing Site Condition Claim is not Necessarily Synonymous with a Defective Design Claim

By David H. Corkum, Esq.

Attorney Client Privilege & Work Product Immunity in the Context of Public Relations

The Doctrine of Sovereign Immunity Will Not Insulate a Municipality from Its Breaches of Implied Covenants

By David H. Corkum, Esq.

The Use of Imprecise Terminology on Boring Logs Will Not Increase A Contractor’s Burden of Investigation Prior to Bidding

By David H. Corkum, Esq.

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