The Design and Construction Management Professional Reporter: July/August 2011

Inside this issue:

Fourth Circuit Court of Appeals Upholds Preclusion of Owner’s Indemnification and Contribution Claims Against Architect Under the Fair Housing Act and the Americans with Disabilities Act

By Peter C. Lenart, Esq.

The United States Court of Appeals for the Third Circuit Enforces a Waiver of Consequential Damages Provision and Holds that a Contractual Indemnity Provision Applies Only to Third-Party Disputes

By Rita C. Mercado, Esq.

Texas Supreme Court Holds That Parties Are Permitted to Agree to Expand Judicial Review of Arbitrator’s Decision

By Meredith L. Murphy, Esq.

New Hampshire Court Finds Plaintiff’s Claims Barred by the Statutes of Limitations and Repose and Dismisses All Claims Against Architect

By Jacqueline J. Rompre, Esq.

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The Design and Construction Management Professional Reporter: March/April 2011

Inside this issue:

Recent CA Jury Verdict May Heighten Duty for Design Professionals

By Carrie G. Strasser, Esq.

Comparative Analysis of Architect’s Duty to Guard against Construction Defects which Threaten Public Safety

By Kristina S. Raevska, Esq.

Wyoming Court Adheres to the Economic Loss Doctrine to Bar Negligent Misrepresentation Claims

By Luke R. Conrad, Esq.

Florida Courts Bars Limitation of Liability Provisions in Professional Negligence Cases against Individual Professionals

By Kristen R. Ragosta, Esq.

United States Court of Appeals for the Ninth Circuit Recognizes Exception to Economic Loss Doctrine in Washington State

By Daniel C. Poteet, Esq.

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The Accountant/Attorney Liability Reporter: March/April 2011

Inside this issue:

Fair Value Opinion Engagements

By John B. Connarton, Jr. P.C.

Auditor’s Obligation to Third Parties

By Nathanial Paty and Cheryl A. Waterhouse, Esq.

Accountant Compensation Dispute Governed By State Law When Not Specified in Agreement

By Justin M. Jagher

Auditor Obtains Dismissal of Claims by Shareholder Where Assets Invested with Bernie Madoff

By Daniel C. Poteet, Esq.

Protecting Your Business Interests: Non-Competition and Other Restrictive Covenants

By Chris Whitten and Cheryl A. Waterhouse, Esq.

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Client Alert: Massachusetts Amends Mechanic’s Lien Law to Include Design Professionals

On January 5, 2011, amendments to the Massachusetts mechanic’s lien statute (G.L. c.254) were signed into law.

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Design & Construction Management Professional Reporter: September/October 2010

Inside this issue:

Green and Sustainable Design: Part 2: Contractual and Risk Management Recommendations for Design Professionals to Manage Risk and Maximize the Availability of Professional Liability Insurance

By Sue E. Yoakum, AIA, Esq., Donna M. Hunt, Lexington Insurance Company, and Valerie P. Onderaka, Risk Specialists Companies Insurance Agency, Inc.

Significant Change in Colorado Law Impacts Traditional Coverage interpretation of Commercial General Liability Insurance Policies

By Peter C. Lenart, Esq.

Colorado Court of Appeals Recognizes Economic Loss Rule as Defense to Contractor’s Fraud Claims Against Engineer

By Daniel C. Poteet, Esq.

Hawaii Appellate Court Confirms Construction Defect Claim Does Not Constitute an Occurrence Under a Commercial General Liability Policy

By Amanda Sirk, Esq.

Economic Loss Rule: A Variable Defense in Colorado for Design Professionals

By Marisa Skoglind, Esq.

Colorado Court Bars Limitation of Liability Provisions for Design Professionals

By Justin Jagher, Esq.

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Announcement: Donovan Hatem LLP is Pleased to Announce the Release of Two New Books

Megaprojects: Challenges and Recommended Practices and Design-Build Subsurface Projects, Second Edition

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Client Alert: New Massachusetts “Prompt-Pay” Law Governs Private Construction Contracts

Massachusetts recently inserted a new Section 29E into Chapter 149 of its general laws requiring construction payments to be paid promptly.

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“What’s a Structural Engineer to Do?: The Collaborative World of Building Information Modeling and Integrated Project Delivery”

Legal Perspectives Column, August 2010, STRUCTURE Magazine

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The Design and Construction Management Professional Reporter: June 2010

Inside this issue:

Green and Sustainable Design: Part 1: Professional Liability Risk and Insurability Issues for Design Professionals

By David J. Hatem, PC

New Rhode Island Legislation Proposes to Alter Retention Process for A/E Firms on Public Projects

By Brian C. Newberry, Esq.

Indemnification — A Contractual Sword and Shield: Tips on How to Enter Into Contracts Which Leave Design Professionals Well Armed and Well Protected

By Peter C. Lenart, Esq.

Illinois Court Expands Engineer’s Duty of Care Beyond the Terms of the Applicable Contract

By Lynn M. Squillace, Esq.

The Economic Loss Doctrine Bars an Owner from Asserting Negligence Claims Against a Design Professional with Whom the Owner is in Privity of Contract

By Kristina S. Raevska, Esq.

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Design Professional White Paper: “Green and Sustainable Design Part 1: Professional Liability Risk and Insurability Issues for Design Professionals”

Whitepaper by David J. Hatem, PC

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“RFIs and Shop Drawings: How to Manage Risk and Reduce Liability”

Legal Perspectives column, March 2010, STRUCTURE Magazine

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The Design and Construction Management Professional Reporter: February 2010

Inside this issue:

Project-Specific Insurance Advisory: Recent Problematic Trends in Project-Specific Professional Liability Insurance Programs

By David J. Hatem, PC

Recent New York Office Summary Judgment Victories

California Supreme Court and New Mexico Court of Appeals Strictly Interpret the Defense Obligation Routinely Found in Indemnity Provisions

By Michelle R. Epstein, Esq.

Mississippi Court Affirms Decision in Favor of Architect Whose Design Did Not Meet OSHA Regulations

By Rita C. Mercado, Esq.

Florida Court of Appeals Further Restricts Applicability of Limitation of Liability Provisions in Professional Services Contracts

By Peter C. Lenart, Esq.

Substantive Differences Between New Jersey and New York Regarding Arbitrators’ Interpretation of the Issues to be Resolved

Hawaii Court Finds No Duty of Care to Seller

By Sa’adiyah Masoud, Esq.

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The Accountant/Attorney Liability Reporter: February/March 2010

Accountant Liability for Third Party’s Embezzlement

By Cheryl A. Waterhouse, Esq.

Threat of Tax Liability Enough to Hold Accountant Liable

By Michelle R. Epstein, Esq.

Illinois Judge Allows Bankruptcy Trustee Another Chance to Hold Auditor Liable for Fraud

By Justin M. Jagher, Esq.

Existence and Potential Waiver of the Accountant-Client Privilege

By Douglas M. Marrano, Esq.

Court Dismisses Securities Fraud Claim Against Law Firm

By Mark D. Szal, Esq.

New York Court Awards Judgment to Homeowner Against Attorney Over Bankruptcy Advice

By Douglas M. Marrano, Esq.

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“Cost Estimates, Project Budgets, and the Structural Engineer”

Legal Perspectives column, January 2010, STRUCTURE Magazine

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“Managing Your Practice in a Down Economy”

Legal Perspectives column, December 2009, STRUCTURE Magazine

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Alert: New Indemnification Language in Connecticut State Courts

Architects and Engineers providing services to public owners in Connecticut need to be aware of recent changes in State contracting practices.

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“Structural Design Delegation”

Legal Perspectives column, November 2009, STRUCTURE Magazine

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The DH Benchmark: Winter 2009

Inside this issue:

Under the Limbo Stick—How Low Can You Go?

By Sarah K. Willey, Esq.

General Contractor Held Liable for Harassment Directed at Non- Employee on Job Site

Massachusetts Court Rules Gender Discrimination Law Applies to Businesses with Fewer than Six Employees

By Douglas M. Marrano, Esq.

How Can Employers Save Money on Health Insurance?

By Joseph Russo, CEBS, LIA

“Rank-And-File” Employee Not Subject to Fiduciary Duty Rule, Says Federal Court
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The Design and Construction Management Professional Reporter: October 2009

Inside this Issue

Analysis of Best Practices in the Management of Design Errors and Omissions

By Justin M. Jagher, Esq.

Recent Court Interpretations of the Economic Loss Doctrine

By Marc A. Cohen, Esq.

Design Professionals Dismissed from Two New Hampshire Lawsuits

By John W. Dennehy, Esq.

Georgia Court Upholds the Validity of an Owner-Design Professional Contractual Liability Limitation Provision

By Kristina S. Raevska, Esq.

The Alabama Supreme Court Affirms General Contractor’s Recovery from Testing Engineer

By Samuel R. Pierce, Esq.

Megaproject Issues and Challenges: Some Informal Remarks

By David J. Hatem, PC

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The Accountant/Attorney Liability Reporter: October 2009

Inside this Issue

The Basics of Accountant Malpractice: Things Every Accountant Should Know

By Douglas M. Marrano, Esq.

The Importance of Engagement Letters

By Brian C. Newberry, Esq.

State Law Determines Whether Third-Party Suit Against Auditor Survives

By Justin M. Jagher, Esq.

Continuous Representation Doctrine in New York

Agreement to Extend Time to Sue Upheld

By Michelle R. Epstein, Esq.

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