| Description: |
Donovan Hatem LLP panelists, David Corkum, Eric Howard, and Matthew Tuller, provided an overview of seminal court decisions in Massachusetts that have defined the legal roles, duties and obligations of design professionals. Attendees learned the difference between common law (court decisions) and contract law and the duties imposed by common law versus duties assumed under a contract. Attendees heard an overview of the design professional’s standard of care as defined by Massachusetts courts, the necessity of expert witnesses as well as the roles, contractual relationships and risk allocation between the project owner, construction contractors and design professionals. An overview of the Economic Loss Doctrine and Spearin Doctrine also was discussed. The program wrapped up with a review of claims and other causes of action asserted against design professionals by third parties, such as construction contractors, as well as the risks, responsibilities, and potential liability for design professionals that can arise during the construction phase. |
