September 2022 Roundtable – Design Assist, Design Delegation, Design-Build: What are the Differences?

Join us Tuesday, September 27th, when David Hatem will present the Roles, Responsibilities and Risk Allocation for Design Professionals in the context of various Project Delivery Approaches including a discussion of the increased utilization of collaborative approaches to Project Design, and issues associated with design delegation and design assist,  CM/GC and Progressive Design-Build.

Questions that will be addressed:

  • What are the essential differences between Design Delegation and Design-Assist?
  • Who has responsibility for design risk and design adequacy in Design-Assist?
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Patricia Gary to Speak at American Bar Association 2022 Fall Meeting, Forum on Construction Law

Patricia Gary will be a speaker at the American Bar Association 2022 Fall Meeting, Forum on Construction Law, to be held in Memphis, Tennessee on September 28-30, 2022.   The ABA Fall Meeting is titled, “Building the Next Generation: Learning From The Past.”  Patricia is presenting for Plenary 5, a panel that will address “Climate Change and its Impact on the Construction Industry: Building Codes, Design Standards, Professional Standards of Care, and Much More,”on Friday,

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Steve Willig to Speak at DBIA NE Friday Forum

Steve Willig, a partner in the firm, will be speaking at the Design-Build Institute of America (DBIA) New England’s September Friday Forum via Zoom to be held on Friday, September 9, 2022.

His presentation, “Design-Build – Smart Ways to Maintain a Productive Designer-Contractor Relationship,” will discuss techniques to develop at the outset, as well as to maintain throughout the project, that help cement a good working relationship between designer and contractor — ways to make sure you keep the project moving and avoid road bumps.

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Donovan Hatem LLP Elevates James Worden to Partner

Boston, MA (August 2022) – Donovan Hatem LLP is pleased to announce that James N. Worden is now a partner of the Firm.

James joined the Firm’s Litigation group in 2021 as Of Counsel, bringing significant experience in Construction Litigation, Design-Bid-Build and Design-Build project delivery and specializes in handling contract negotiation, claim presentation, and litigation of both public and private construction project disputes.

Since joining Donovan Hatem LLP, James has exhibited leadership and expertise in addressing the issues of concern facing the Firm’s clients,

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Design-Build University for Consulting Engineers

Join Donovan Hatem and ACEC/MA at Design-Build for Consulting Engineers

2 Sessions: July 14 + July 20: (Register for 1 or Both Sessions)7:30 AM: Registration, Hot Breakfast | 8 – 10:30 AM ProgramMHA Conference Center, 500 District Ave, Burlington, MA (with Zoom option)

Please contact marketing@donovanhatem.com for more information and the form to register

July 14:  Design/Build:  Professional Liability Risk For Consulting Engineers

•  David J. Hatem, PC,

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Washington State Department of Transportation v. Seattle Tunnel Partners:  Appellate Court Affirms Denial of DSC Claim

David J. Hatem, PC

Click here for PDF

In a June 14, 2022 Unpublished Opinion, the Court of Appeals of the State of Washington in Washington State Department of Transportation v. Seattle Tunnel Partners, No. 54425-3-11, 2022 WL 2132780, (Wash. Ct. App. 2022), (“WSDOT-STP”) affirmed a Trial Court judgment denying entitlement of a Design-Builder’s differing site condition (“DSC”) claim.

The WSDOT – STP litigation arose out of the Alaskan Way Viaduct project, in Seattle,

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David Hatem Receives Band 1 Chambers Ranking in Construction

Boston, June 15, 2022 – Donovan Hatem LLP is pleased to announce that David J. Hatem, one of the Firm’s founding Partners, has earned top ranking in the 2022 edition of Chambers USA: America’s Leading Lawyers for Business. This year, Chambers selected David as a leading practitioner awarding him Band One recognition in the Construction category.

Throughout his career, David has excelled at the representation of and strategic guidance to architects and engineers,

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David Hatem to Present at 2022 ACEC Executive Forum

David Hatem will be a presenter at the ACEC Executive Forum to be held on June 14, 2022 in Toronto, CA.

David will discuss Design-Build and Public-Private Partnership Projects:  Professional Liability Risk and Professional Indemnity Insurance Implications.

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David Hatem to Speak at the 2022 North American Tunneling Conference

David Hatem will be a panelist at the Underground Construction Association’s 2022 North American Tunneling Conference to be held June 19 – 22, 2022 in Philadelphia, PA.

David’s topic, “The State of DRBs in the Tunnel Industry” will take place on Tuesday, June 21, 2022 and explore Dispute Review Boards. In a joint effort between the UCA of SME and the Dispute Resolution Board Foundation (DRBF), the authors embarked on an informal assessment of the state of the DRB practice in the tunnel industry from the point of view of the Contractor,

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Patricia Gary to Moderate ACEC Panel on Climate Change and The Built Environment

Patricia Gary will moderate a panel of experts on Climate Change on June 14, 2022, at the Center for Architecture in NY.

“Book Talk: Climate Change and The Built Environment” will be presented by the ACEC and AIA and is free to all ACEC and AIA members. Click here to register

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Patricia Gary Leads 3 Part Online Series On Climate Change and the Built Environment

Beginning on June 7, 2022, Of Counsel, Patricia Gary, will lead a three-part online series focused on topics from ACEC’s new book – Climate Change and the Built Environment. Hear from experts on practical tools engineers need to know to design for a changing world.

Click here to learn more and to register for this premier learning series.

Designing for the Future
Tuesday,

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Available Now! Project-Specific Professional Liability Insurance on Design-Build and Public-Private Partnership Projects in North America White Paper

In January 2022 Donovan Hatem LLP established a Task Force consisting of professional liability insurance underwriters, brokers, engineers and architects, and lawyers knowledgeable and experienced in various aspects of Project-Specific Professional Liability Insurance (“PSPL”) on Design-Build (“DB”) and Public-Private Partnership (“P3”) projects in North America.

The mission of the Task Force was to gather information and knowledgeable input on certain critical issues on DB and P3 projects in North America regarding the impact of (a) procurement and contractual practices,

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Steve Willig to Speak at DBIA NE Friday Forum

Steve Willig, a partner in the firm, will be speaking at DBIA New England’s May Friday Forum via Zoom to be held on Friday, May 6, 2022.

His presentation, “Design-Build – What Are The Tells That Spell Trouble,” will explore what the “telltale” signs of trouble are on a design-build project and focus on the design perspective to inform all team members to recognize trouble spots and how to avoid them.

Registration is not required,

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May 2022 Roundtable – Climate Change and Design: Integrating Mitigation and Adaptation into your Practice

Infrastructure design is evolving in response to new net-zero laws and policies focused on resilience. On Thursday, May 19, 2022, Patricia B. Gary, Esq. will moderate a panel of two leading experts in the areas of mitigation and adaptation:

  • Molly Dee-Ramasamy, Head of Deep Carbon Reduction at Jaros, Baum & Bolles in New York City, will speak about her work with low-carbon design strategies and electrification technologies to achieve decarbonization, and compliance with New York City’s trailblazing climate legislation,
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Patricia Gary Co-edits and Authors New Book Climate Change and the Built Environment

Patricia Gary has co-edited and authored a groundbreaking new book, Climate Change and the Built Environment.  Published by ACEC and authored entirely by women experts across the design services industry, this book is a resource for design professionals, owners, lawyers, contractors,  and construction industry stakeholders – or anyone seeking to understand the complex problem of climate change and the built environment. 

ACEC –

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April 2022 Roundtable: Trial or Arbitration of a Professional Liability Case

The last two years have brought many changes to how we live and work – as well as how one should handle a Professional Liability case should it arise. Join us Thursday, April 7, 2022,  as we explore and discuss the following questions:

  • How can you recognize claims early and how can pre-litigation activities reduce claim exposure?
  • What happens when a lawsuit is initiated and what are the mechanics of a lawsuit from start to finish?
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Patricia Gary to Present at the 2022 ACEC Annual Convention and Legislation Summit

Patricia Gary will chair a panel titled “Using Technology to Tackle the Climate Crisis: Harnessing the Synergies of Mitigation and Adaptation” at the 2022 ACEC National Conference to be held at the Grand Hyatt, Washington, DC, May 22-25, 2022.

More details to follow. To learn more about the ACEC Annual Convention and Legislation Summit, click here.

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The Design & Construction Management Professional Reporter: Winter 2021/2022

Inside This Issue:

“Should Geotechnical Baseline Reports be the Universal and Exclusive Contractual Basis for Subsurface Conditions Risk Allocation?”
By: David J. Hatem, PC

Massachusetts Appeals Court Holds MEP Contractor’s Use of “Individual Expertise” to Support Hot Water Tank Installation is Protected by the Statute of Repose

Retail Tenants Continue To Seek Relief From Leases Due To Covid Induced Business Interruptions, While Results Remain Favorable For Landlords
By: Stephen F. Willig

To read a PDF version of the Winter 2021/2022 issue,

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January Roundtable – What’s New: A Review of 2021 and Recent Cases Involving Design Professionals

This new year let’s look back to see what’s ahead!   Join us Thursday, January 27, 2022,  for this timely case study presentation focused on common legal issues faced by design professionals including:

  • Statute of Limitations
  • Duty to Defend
  • Indemnification
  • Risk Exposure
  • Contractual Provisions
  • COVID-19 Impact

Speakers:

Eric Howard, Partner, Donovan Hatem LLP

Stephen Willig,

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Donovan Hatem LLP Elevates Brendan Malvey to Partner

Boston, MA (January 3, 2021) – Donovan Hatem LLP is pleased to announce that Brendan T. Malvey is now a partner of the Firm.

Brendan Malvey joined the Firm’s Professional Practices group in 2020 as Of Counsel, bringing significant experience in commercial litigation, professional malpractice, employment law, and insurance coverage matters.  Brendan specializes in representing design professionals in complex projects and claims throughout North America.

Since joining Donovan Hatem LLP, Brendan has exhibited leadership and expertise in addressing the issues of concern facing the Firm’s clients and delivering exceptional results.

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