January 2006 Employment Practices Newsletter
Click to download: January 2006 Employment Practices Newsletter
Read MoreThe Design and Construction Management Professional Reporter: December 2005
Inside this Issue
No Matter How You Slice It, the Contract Language Reigns Supreme in Texas Even for a DSC
By David H. Corkum, Esq.
Massachusetts Court Upholds No Damages for Delay Clause in Municipal Contract
Court Holds that Contractor Was Not an Intended Third Party Beneficiary of a Contract Between the Owner and Architect
California Appeals Court Sets Aside Arbitration Award Due to Untimely Claim
Surety is Entitled to Maintain a Negligent Misrepresentation Claim Against Architect by Showing “Functional Equivalent” to Privity of Contract
Appellate Courts in Illinois and Minnesota Address Expert Testimony
North Carolina Court Interprets Use of Lay Witness in Lieu of Expert Testimony in Professional Negligence Claims
By Douglas M. Marrano, Esq.
Read MoreThe Accountant/Attorney Liability Reporter: December 2005
Inside this Issue
The Court of Appeals Finds Accountant Trustees Liable Under G.L. c. 93A
Court Upholds Consulting Firm’s Decision to Terminate at Will Employee
Partnership Agreement Invalid Where It Requires Departing Law Partners From Sharing Fees Earned After Departure
By Douglas M. Marrano, Esq.
Insurer Allowed to File a Legal Malpractice Claim Against Insured’s Defense Counsel Under a Theory of Subrogation
Court Finds Attorneys Not Liable For Conflict of Interest
Read MoreEmployment Practices Group: July 2005 Client Update
Download the update: Employment Practices Group: July 2005 Client Update
Read MoreThe Design and Construction Management Professional Reporter: July 2005
Inside this Issue
Donovan Hatem LLP Earns Summary Judgment in Defense of Architect Accused of Fraud
Engineer Avoids $6 Million Property Damage Claim on the Grounds that it Did Not Owe a Duty of Care to the Owner or the General Contractor
Partial Summary Judgment Granted to Engineer Affirming Application of Contractual Limitation of Liability Clause and Dismissing Extraneous Warranty and Contract Claims
Court Finds No Duty to Follow Owner- Recommended Designs for Over- Excavation
Supreme Court of New Jersey Affirms that Affidavit of Merit is not Required in Architect’s Third-Party Complaint Against Engineer
New York Court of Appeals Limits Purported Contract Claim to Shorter Malpractice Statute of Limitations
Architect Cannot Be Held Liable Under Minnesota Competitive Bidding Statute
Massachusetts Appeals Court Holds that Statute Permitting Reimbursement Under Underground Storage Tank Cleanup Fund Does Not Bar Claims Against Licensed Site Professionals
Read MoreThe Accountant/Attorney Liability Reporter: July/August 2005
Inside this Issue
The Bankruptcy Court Denies Counsel’s Motion to Withdraw Despite Clear Failure to Pay
Executrix Held Personally Liable for Legal Services Rendered to Probate Estate
The Federal District Court Denies Summary Judgment on Partnership by Estoppel
The United States Court of Appeals for the First Circuit Holds Chapter 11 Counsel Liable for Malpractice
CPA Not Liable for Failing to Consider Applicability of §280H
Read MoreThe Accountant/Attorney Liability Reporter: April/May 2005
Inside this Issue
The Massachusetts Superior Court Protects an Attorney Work Product from Production
Terminating the Employment Relationship . . . Carefully
Employer Found to Violate the Whistleblower Provision of the Sarbanes-Oxley Act of 2002
A Massachusetts Superior Court Awards G.L.c.93A Liability and Multiple Damages in a Legal Malpractice Case
Contingency Fees: An Examination of Attorney No. 1 v. Attorney No. 2
The New Hampshire Supreme Court Addresses the Elements of a Legal Malpractice Claim
Read MoreThe Design and Construction Management Professional Reporter: March 2005
Inside this Issue
Geotechnical Engineer is Found Liable Under Product Liability Theory
Design Builder May Not Ignore Essential Design Features Contained in Owner’s Design Requirements
Massachusetts Superior Court Enforces Contractor’s Covenant Not to Sue Architect in Public Bid Contract
Tort Claims Precluded by Economic Loss Rule Despite Duties Established in Interrelated Contracts
Illinois Court Holds that Contract Language Insulates Defendant form Liability in Action for Professional Negligence
Michigan Court Interprets Statute Establishing Time Periods to Bring Suits Against Architects as Both Statute of Limitations and Statute of Repose
Court Finds that Contractor Who Properly Follows Plans and Specifications is Not Liable for Injuries
Pennsylvania Restricts Economic Loss Rule as a Defense to Contractor Claim Against Architects
Read MoreThe Accountant/Attorney Liability Reporter: January 2005
Inside this Issue
Guide to Drafting Opinion Letters
Law Firm Ordered to Pay $7.2 Million for Negligence in Suit Involving Opinion Letter
Court Rejects Challenge to Sarbanes-Oxley
Partial Summary Judgment Granted to Law Firm in Suit Involving Opinion Letter
Read MoreThe 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
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
Read MoreThe Accountant/Attorney Liability Reporter: August 2004
Inside this Issue
Donovan Hatem LLP Obtains Summary Judgment for Accounting Firm Based on Statute of Limitations
The New Massachusetts Business Corporation Act
Outcome of a Lawsuit May Be “Highly Relevant” to Whether a Plaintiff had “Actual Knowledge” of Harm for Purposes of Tolling the Legal Malpractice Statute of Limitations Under the “Continuing Representation Doctrine
Scienter was Adequately Plead in a Rule 10b-5 Claim Based on Allegations that Company’s Audit Firm Ignored Risks
Claims Against Accountant in Civil Case Not Barred by Settlement Agreement Involving Same Claims in Bankruptcy Court
Read MoreThe Design and Construction Management Professional Reporter: July 2004
Inside this Issue
Court Refuses to Grant Construction Manager Sovereign Immunity from False Claims Act Exposure
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
Read MoreThe Design and Construction Management Professional Reporter: February 2004
Developing Risk Indicators for Evaluating Professional Liability Exposure on Major Public Projects: A Broader Dimensional Approach
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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