September 2023 – Sustainable Design: Practice and Risk Management Implications for Design Professionals
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
Article: Early Contractor Involvement: Rethinking and RecalibratingDelivery Methods for Subsurface Projects
For more than half a century, the underground design and construction industry has been challenged to develop and successfully implement approaches to improve delivery and risk allocation, and minimization of disputes, on major subsurface projects. In the last two decades, intensified efforts to address those challenges have concentrated and resulted in increased utilization of delivery methods alternate to the long-dominant and pervasive traditional design-bid-build (“DBB”) method.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
North Carolina Court Clarifies  Plaintiffs Have the Burden of Proving—not Pleading—That Their Claim Was Filed Within the Statute of Repose and  the Statute of Repose Commences on Substantial Completion for Each Contractor
In August 2022, the North Carolina Court of Appeals held that claims against an engineer and a subcontractor were improperly dismissed at the pleading stage where the plaintiff did not allege an act or date of substantial completion regarding the statute of repose in its complaint. Gatson County Board of Education v. Shelco, LLC, 877 S.E.2d 316 (N.C. Ct. App. 2022) concerned an action by the Gatson County Board of Education (the “Board”) against Shelco,Read More
Federal Court in South Florida: Original Architect Liable for Design Flaws in Original Plans Despite Appointment of Successor Architect
The Unites States District Court for the Southern District Court of Florida issued an opinion in Hotels of Deerfield, LLC et al. v. Studio 78, LLC et al., (2022 WL 731944 (S.D. Fla., Mar. 11, 2022) (Singhal, J.) holding a project’s original architect responsible for design flaws in his drawings, even though he had been replaced by a successor architect. This was the case even though the building was constructed solely based on the successor architect’s design and specifications.Read More
By Gail Kelley
When contemplating entering into a design-build agreement for a Project, owners often contract with a design professional to provide various services for the Project before they enter into an agreement with the Design-Builder. Depending on what these services entail, the documents developed by the design professional may serve as the Basis of Design for the design-build agreement, or the Owner may assign the design professional’s agreement, including the documents prepared under the agreement,Read More
The Economic Loss Doctrine’s Relevance To Construction Cases And Recent Application In Arizona And North Carolina
Understanding and calculating damages that may be recoverable is an essential element in any claim or lawsuit, as such informs on how to defend and how to work toward a resolution. This is especially relevant in construction litigation where damages can be large and accrue over a sustained period of time. Of equal import is knowing what is not recoverable. The economic loss doctrine (“ELD”) is one limitation on recoverable damages that will often apply to construction cases.Read More
Inside This Issue:
Note from the Editor
Donovan Hatem is pleased to present its Spring 2023 D&C Reporter. This past winter saw dramatic shifts in weather from day to day. Economic conditions have been equally unsettled and oftentimes defy prediction, but there is a wide array of public and private projects that occupy the industry.
This edition discusses recent cases on the statute of repose as it applies to design professionals in a variety of contexts,Read More
Massachusetts Superior Court Finds Injured Pedestrian’s Claims Against Contractor Not Time-Barred, Despite Arising 6+ Years After Project Completion
The Massachusetts Superior Court recently refused to dismiss a pedestrian’s personal injury claim against a contractor, rejecting the contractor’s argument that such claims should be time-barred under the Massachusetts statute of repose in Lefta v. Signet Electronics, Inc., 2022 WL 16855617, at *1 (Mass. Sup. Ct.).
Lefta involved a pedestrian injured by a faulty door lock at a nursing home. Years before that incident, in October of 2010,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 LLPRead 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?
Inside This Issue:
Note from the Editor
As summer is ending, we hope this finds you well and refreshed. We look forward to positive energy in the industry with new spending and ambitious programs underway.
In this edition of the Reporter we discuss a case where the Civilian Board of Contract Appeals awarded equitable adjustment to a GSA contractor for defective specification in an RFI, a Nevada decision holding breach of contract by an architect under state law is not preempted by the ADA,Read More
Texas Appellate Court Holds Certificate Of Merit Against One Design Professional Does Not Apply To Sub Consultant By Mere Reference To Such In A Pleading
The Texas Court of Appeal (14th District) issued an April 2022 opinion in Thompson Hancock Witte &
Associates v. Stanley Spurling & Hamilton, 2022 WL 1010270, affirming that state’s requirement for a certificate of merit in a suit against a design professional. In particular, the Court held a certificate of merit directed toward one professional would not, through simple reference in a pleading, apply to another professional even though the alleged breach of the standard of care is the same for both.
A Statute of Repose, for purposes of this discussion, bars a claim against design professionals and contractors after passage of a certain amount of time from project completion. This is similar to but different than a Statute of Limitations, which sets a deadline to commence a lawsuit measured from the time an injury occurs or when a professional engagement, if injury occurred during that engagement, ends. The rationale behind the former is to allow design professionals and contractors to put a project to rest,Read More