The need for design professionals to take climate change, sustainability, and resiliency (“CCSR”) into consideration in project design is growing. Of equal importance is the aspirational goal of educating owners to adopt CCSR objectives in project programs. These objectives need to be achieved in a process that adequately accounts for the management of design professional risks.
Roles in the Design Development Process
Design professionals, through their professional skill, acumen, and experience, provide services (including design) to their clients (typically private and public owners, and sometimes contractors and others) in making recommendations as to how to design a project that will achieve the programmatic objectives of their clients. Those recommendations typically emerge from studies that the design professional provides to its client. The scope and quality of those options and recommendations derive from the scope of services that the client engages the design professional to perform.Read More
Inside this issue:
Massachusetts Federal District Court Applies Fed. R. Civ. P. 9(b) Heightened Standard of Pleading to Negligent Misrepresentation Claim
Good Neighbor Design Practices: How Prudent Design Decision-Making Can Increase Project Success and Limit Professional Liability Exposure
Construction Control Affidavits and the Importance of Defining Design Professional Scope of Work
Recent Case Highlights Important Business Lesson
Massachusetts Appeals Court Affirms Dismissal of Complaint Against Design Professionals Based Upon the Three-Year Statute of Limitations
Divergent Outcomes in Massachusetts Cases Demonstrate the Effect of a Comprehensive Bar Against Damages in a SubcontractRead More
In 2017 the American Institute of Architects (AIA) updated its contract documents as part of its regular 10-year revisions. These well-regarded, industry standard agreements take into account recent developments in the design and construction industry.Read More
Congratulations to David Hatem for his recongition in Best Lawyers 2017 Survey Results New England. David was recognized for his contributions in the area of construction law.Read More
“Good Neighbor Design Practices” refers to a number of specific design considerations relating to permanent work for any given project (your client’s project) that may have external, and potentially adverse impacts and influences on adjacent structures or property.Read More
How do design professionals take into account adjacent external conditions and considerations in the design of their project? Good neighbor design practices require an understanding of the conditions (under, on and above) adjoining properties and structures, as well as identifying risks of damage and meeting the standard of care for structural design. Join us for a program focused on contractual and risk management recommendations for design professionals performing services in this context.Read More
Donovan Hatem welcomes Jennifer Lincoln to the Boston office as an associate in the Professional Practices Group. Jennifer’s practice concentrates primarily on advising and representing design professionals in drafting, negotiating and evaluating contracts. Prior to joining the firm, Jennifer worked as legal counsel and contracts specialist for a full-service construction and architectural firm in the MENA region, where she oversaw contract review and dispute resolution for all services including supervision, construction management, design, infrastructure, sustainability and planning, landscape, and development projects.Read More
Donovan Hatem is once again raising funds and collecting food for the Greater Boston Food Bank’s 8th annual Legal Food Frenzy. The 2017 Legal Food Frenzy takes place March 20 through March 31. All proceeds will provide food to those in need via the Greater Boston Food Bank’s 530 member agencies across Eastern Massachusetts.Read More
Design-build (DB) is on the rise as the delivery method of choice for many owners seeking to contain cost overrun and other project risk exposures. However, design professionals face unique risks and challenges when utilizing DB. Learn what this trend means for design professionals in the areas of business development, teaming and collaboration with contractors, professional liability and related commercial risk exposures, risk management and contracting practices, insurability of risk, and quality assurance/quality control practices.Read More
Inside this issue:
Acceptance of Initial Design Documents in Divisible Design Contract Triggers Accrual of a Breach of Contract Action Against Design Professional
Limitation of Liability Provision May Not Preclude Recovery Under Chapter 93A if Claim is Based Upon Fraudulent Conduct
New Hampshire Supreme Court Rules Municipalities Have Limited Time to Bring Lawsuits Against Design Professionals for Municipal Contract Breaches
Considering the Costs of Contract Arbitration ClausesRead More
Whether a design professional is tweeting project photos or disclosing project details in an RFP – marketing comes with hidden risks. To manage these risks, design professionals need to understand how contracts, intellectual property ownership and licensing rights may affect their marketing activities.Read More
If during construction an issue arises, you may still be months away from a claim. What can be done early on to avoid or change the outcome of construction phase issues or claims? Presenters William Perry, P.E., M.ASCE and Gwen Weisberg, Esq. will discuss cases involving construction phase issues; how they were resolved, including what worked/didn’t work and why.Read More
Inside this issue:
Diverse and Bifurcated Design Roles: Distinguishing Design Responsibility and Design Risk AllocationRead More
Come celebrate the new year with us! Join us for a panel presentation on January 5 to hear some of the most noteworthy professional liability claims handled by Donovan Hatem attorneys. Partners David J. Gorman, William D. Gillis and Colin M. Black will recap a few of their most interesting cases and highlight critical issues and trends for design professionals.Read More
As P3 and DB approaches on bridges, roads, transit, water supply and treatment, tunnels, rail, and other public infrastructure projects continue to increase, consulting engineers need access to vital knowledge and reliable expertise to make conscientious and prudent decisions about P3 and DB project opportunities and risks.
The second edition of Public-Private Partnerships and Design-Build: Opportunities and Risks for Consulting Engineers presents new industry information and experience on P3 and DB approaches, and offers timely recommendations about the rewards, challenges, and risk exposures for consulting engineers in today’s still evolving P3 and DB project work environment.
All proceeds from the sale of this book are exclusively retained by ACEC. To learn more about this edition or purchase a copy, visit www.acec.org.Read More
Partner David J. Hatem is set to present Legal Perspectives on Alternative Project Delivery and Design-Build Methods at the Boston Society of Civil Engineers Section (BSCES) Boston Day-Summit on Friday, December 2. This full-day seminar is sponsored by the Construction Institute Boston Chapter and will feature presentations on a mix of project case studies, technical review, technology and innovative planning and construction techniques, and specific construction projects and detailed challenges.Read More
Donovan Hatem is giving back this holiday season by partnering with Rosie’s Place to collect gifts. Rosie’s Place is a Boston women’s shelter that provides a safe and nurturing environment to help poor and homeless women maintain their dignity, seek opportunity and find security in their lives. We’re proud to support the holiday gift drive and help brighten the season by giving the women at Rosie’s Place a special gift.Read More
By David J. Hatem, PC and Gregory S. Paonessa, Esq.
From the 1950s until substantial completion of the Central Artery Tunnel (CA/T) Project in 2006, otherwise known as the Big Dig, Boston was a city divided. Dubbed the “Green Monster” by locals, the elevated Central Artery ran from the north of the City southbound over the Charles River and by the Boston Garden. From that point, it separated the North End from the West End, and Government Center, Faneuil Hall and the Financial District from the Waterfront. The Artery provided a never ending source of smog and soot which covered surrounding buildings and engulfed the City in noise from vehicular traffic. It plagued the City as an under-designed, ill-conceived means of traversing from the North to the South Shore and the I-95 corridor.
Read the entire article on page 5 in ACEC Insights.Read More
The Risk Management in Underground Construction conference in Miami, Florida on Nov. 14 – 16 will explore all aspects of risk management in the project planning, design and construction phases of underground construction projects. Donovan Hatem Partner David Hatem is among the speakers this year and will discuss “Risk Allocation for Subsurface Conditions in Design-Build and P3s.”Read More