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,
Massachusetts High Court Issues New Ruling on the Statute of Repose in a Multi-phase, Multiple Building Project, Overruling Federal District Court
Jon Cowen authored the article, “Massachusetts High Court Issues New Ruling on the Statute of Repose in a Multi-phase, Multiple Building Project, Overruling Federal District Court” which was published in the ACEC/MA’s Winter Insights Newsletter. The article the Supreme Judicial Court’s ruling on Statue of Repose in a multi-phase project.
Read the full article here.Read More
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
November Roundtable: Contractual Indemnification and Insurance Procurement Provisions for Design Professionals
This month’s Roundtable focuses on risk management and allocation for design professionals through a review and evaluation of the spectrum of contractual indemnification provisions and insurance procurement provisions in project contracts.
Join us on Thursday, November 19th as David Rich addresses the following:
- The universe of available indemnification agreements and insurance procurement provisions, as well as the differences in scope among the varying agreements.
- Contractual indemnity and insurance procurement provisions are among the most important provisions that govern the scope of risk and responsibility for a given Project.
October Roundtable: Contractor Involvement in Final Design: Varied and Evolving Roles, Responsibilities and Risk Allocation
Over the last several years, we have experienced new approaches that – to varying degrees – involve contractors in the arena of important roles, risks and responsibilities associated with the design process. These approaches include design assist, design delegation, CM/GC, Progressive Design-Build and Design-Build.
In each of these approaches, what are the respective roles, responsibilities and risks of the primary project participants – the Owner, the Design Professional, and the Contractor (or Design-Builder)?
Join us Wednesday,Read More
INSIDE THIS ISSUE:
“Florida Court Rules Architects Can Be Liable To Contractors For Negligence”
By: Michael Robertson
“Massachusetts High Court Rules that Consent to Settle Provisions in Professional Liability Policies are Enforceable”
By: Jon C. Cowen, Esq.
“District Court of Massachusetts Judge Certifies Question Concerning Statute of Repose Applicability to SJC”
By: Catherine Maronski
“Vigor Works Decision Demonstrates Certain Risks for Designers and Contractors in Design-Build Arrangements”
By: Jennifer Lincoln,
Massachusetts Lawyers Weekly article on an emergency rule adopted by the Supreme Judicial Court in response to the COVID-19 pandemic.
Click here to read the article on this unique decision in today’s climate.
Donovan Hatem argued that, even in a Covid-19 environment, its client should not be forced to give trial testimony.Read More
Though we took a break, Donovan Hatem is still committed to providing our community with quality programming and we are excited to resume our Roundtable series for the rest of 2020! Please join us Wednesday, September 23 for our virtual Roundtable to discuss measuring design professional performance.
- Standard of Care
- Measuring Imperfection
- Difference between Standard of Care & Owner-Implied Warranty
- Role of Experts
Please email Roundtable@donovanhatem.com if you have any questions or concerns.Read More
Donovan Hatem’s NY team led by Scott Winikow and Steve Willig successfully secured a dismissal on behalf of our client from a $10 million suit in the United States District Court of New Jersey. Our client was engaged as an engineering consultant to a New Jersey municipality for a dredging project. The main contractor brought suit against its subcontractor claiming negligent work, and the subcontractor then sought to implead our client on the theories of contractual contribution and common law contribution and indemnification.Read More
Donovan Hatem secured an appellate court victory for a design professional client when the Massachusetts Appeals Court affirmed the Superior Court’s dismissal of a lawsuit that alleged defective design and construction of a luxury condominium. The Appeals Court, in its June 23, 2020 decision, agreed with the Superior Court’s dismissal of the claims against the design professional finding that the plaintiff’s claims were time-barred based on the expiration of the three-year statute of limitations for claims of professional negligence and negligent misrepresentation.Read More