“Standard of Care and the Structural Engineer”
Legal Perspectives column, August 2009, STRUCTURE Magazine
Read More“Non-Compete/Non-Solicitation Agreements: Are They the Wave of the Future?”
From June 2009, ACEC/MA Insights.
Read More“Managing Risks to Design Professionals in an Economic Downturn”
June 2009, ACEC/MA Insights
Read MoreThe Design and Construction Management Professional Reporter: June 2009
Inside this Issue
Indiana Appeals Court Holds Economic Loss Doctrine Bars Negligence Claims Against Professional
By John W. Dennehy, Esq.
Colorado Court of Appeals Recently Interpreted the Economic Loss Rule as Barring a Fraud Claim
By Sa’adiyah Masoud, Esq.
Acting Beyond the Scope of One’s Contract May Confer Liability for Project Safety
By Michelle L. Moshe, Esq.
Claims of Professional Negligence Must Be Asserted in a Timely Manner and Be Supported by Expert Testimony
By Jordan S. Rattray, Esq.
Changes to the AIA Agreements Regarding Statute of Limitations
By Justin M. Jagher, Esq.
Read MoreDonovan Hatem LLP Published the First in a Series of Monthly Risk Management Columns in STRUCTURE Magazine
“Roles and Responsibilities” by David J. Hatem and David H. Corkum
Read MoreThe Design and Construction Management Professional Reporter: March 2009
Inside this Issue
Federal Government Tightens Integrity Reporting Requirements for Federal Contractors
By Douglas M. Marrano, Esq.
Limitation of Liability Provisions in Arizona: Enforceable and Distinguishable from Indemnity Provisions and the Assumption of Risk Defense
By Marisa M. Skoglind, Esq.
An Expert Cannot Rely on an Engineer’s Code of Ethics in Establishing Standard of Care in North Carolina
By Sa’adiyah Masoud, Esq.
Texas Case Reviews Power of Discovery Rule
By Samuel R. Pierce, Esq.
Minimizing Risks Associated with Construction Cost Estimates
By David M. Ponte, P.E.
E-Verify is Alive, Well and Gaining Speed
Read MoreThe Accountant/Attorney Liability Reporter: March 2009
Inside this Issue
New York Accounting Law Expands Oversight
First Circuit Recognizes Applicability of Work-Product Doctrine to Tax Accrual Workpapers
By John B. Connarton, Jr., P.C.
Document Retention for Accountants
By Justin M. Jagher, Esq.
Accountant Liability When a Corporation Commits Fraud
By Cheryl A. Waterhouse, Esq. and Eliana Nader
Law Firm Can Impose Financial Disincentives on Withdrawing Partners
Read MoreAlert: Federal Government Tightens Integrity Reporting Requirements for Federal Contractors
This amendment tightens an already strict set of Federal Acquisition Regulations (“FARs”) requiring greater integrity in companies doing business with the federal government.
Read MoreThe DH Benchmark: Winter 2008
Inside this Issue
The Right of First Refusal vs. The Right to Work Where One Wants: the Howie Carr Case
New Developments in Employment Verification
The Next Generation in Your Business: A Succession “Geiger Counter”
By David M. Paradise, Ph.D., President, Family Business Resource Center
Employee Handbooks: Sword or Shield?
Too Many Ds – Principles to Consider When Planning a Stockholder Agreement
By Sarah K. Willey, Esq.
Read MoreThe Design and Construction Management Professional Reporter: September 2008
Inside this Issue
Infrastructure Inspection Engagements: Opportunities and Perils
By David H. Corkum, Esq.
Reaffirming the Economic Loss Doctrine in Massachusetts
By Justin M. Jagher, Esq.
Action Against Architect Dismissed— Plaintiffs Failed to Comply with Statutory Prerequisite
Limitation of Liability Clauses are Still Viable in North Carolina
Caution Advised for Parties Relying Upon a Contract’s “Flow-Down” Provision to Procure Indemnity from a Subcontractor
Read More“TBM Roundtable: Design-Build. Will One of the Oldest Construction Models Build Tomorrow’s Tunnels?”
David Hatem participates in the Tunnel Business Magazine roundtable discussion
Read MoreAlert: New York: Liability Insurance Late Notice Reform—Prejudice Now Required
This amendment has radically changed insurance law in New York by eliminating a longstanding, and potent, insurer defense.
Read MoreAlert: Amendment to New York’s Wick Law Takes Effect on July 1, 2008
The Wicks Law requires public owners to commission their design professionals to prepare separate specifications for the electrical, plumbing, and HVAC components of public works and public housing authority projects.
Read MoreThe DH Benchmark: Summer 2008
Inside this Issue
Maternity Leave: It’s Not Just For Women Anymore
By Sarah K. Willey, Esq.
New Federal Law Prohibiting Discrimination on the Basis of Genetic Information
U.S. Supreme Court Revisits Retaliation Claims In Employment Context
Structuring a Merger for Architects & Engineers
By James DeLeo, CPA, MST
Gray, Gray & Gray, LLP
E-Verify is Alive, Well, and Gaining Speed
Read MoreAlert: Design for Construction Safety Initiative
We call your attention to a construction safety initiative that appears to be gaining traction within certain segments of the design and construction industry.
Read More“Public-Private Partnerships: Opportunities and Risks for Engineers and Constructors Involved in Subsurface Projects”
Design Professional White Paper by David Hatem, PC
Read MoreThe Design and Construction Management Professional Reporter: April 2008
Inside this Issue
New York Court Imposes Duty on Design Professional to Third-Party Owner in Light of Certifications to City Building Department
By Douglas M. Marrano, Esq.
Arizona Court of Appeals Upholds a Limitation of Liability Clause, but Rules that a Jury Must Decide the Enforceability of the Clause
Nebraska Federal Court Denies Summary Judgment for Architect on Professional Negligence Claim
By Douglas M. Marrano, Esq.
Surety is not Responsible for its Principal’s Punitive Damages
By Sa’adiyah Masoud, Esq.
Public-Private Partnerships: Opportunities and Risks for Engineers and Constructors Involved in Subsurface Projects
Read MoreThe Accountant/Attorney Liability Reporter: April 2008
Inside this Issue
Deductibility of Investment Advisory Costs for Estates and Trusts After Knight
Accountants Prevail in Enforcing Limitation of Liability Clause in Engagement Letter
The Importance of Defining the Scope of the Engagement
Work Product Doctrine Protection for Tax Accrual Papers on Appeal
By Mark D. Szal, Esq. and Cheryl A. Waterhouse, Esq.
Auditor May Be Primarily Liable for Securities Fraud for Failure to Correct False or Misleading Financial Opinions
By Douglas M. Marrano, Esq.
Read MoreThe DH Benchmark: Spring 2008
Inside this Issue
Guilt by Association: An Employer’s Liability for Hiring an Employee with a Non-Compete Agreement
Former Employee Challenges Massachusetts Law Prohibiting Gender Discrimination Claims Against Businesses with Fewer than Six Employees
By Doulgas M. Marrano, Esq.
Privately-Held Companies and Section 404 of the Sarbanes-Oxley Act of 2002
By Travis M. Drouin, CPA, CIA,
Partner, Moody, Famiglietti & Andronico
