November 2021 Roundtable – Who Owns the Designs? Copyright Protection for Architects and Engineers

Intellectual property rights encourage innovation and benefit the community through leadership, research, and investments. New technologies and discoveries have impacted innovation and are changing the ways that we design and build our roads, bridges, and other structures. Now more than ever it’s important to protect your work in every capacity including down to something seemingly simple such as your copyright.  

Join us for our November Roundtable on Thursday, November 18, 2021, as we discuss:

• Architectural Works Copyright Protection Act and other Copyright Laws
• Fair Use
• Ownership and Work for Hire
• How to Assert a Copyright

Speakers:

Stephen F.

Team of Donovan Hatem Attorneys to Present at the 2021 ACEC National Conference

Two Donovan Hatem attorneys will be presenting at the upcoming ACEC National Conference to be held October 27-30, 2021 in Marco Island Florida.

Gwen Weisberg will present on Thursday, October 28 “Strategies for Effectively Defending and Resolving Claims Through Alternative Dispute Resolution” where she discusses the various elements of a successful negotiation, including how to prepare for and develop a strategy for negotiation and more.

Patricia Gary will present on Friday, October 29 “Climate Change and the Built Environment: Current Thinking for Engineers“,

October 2021 Roundtable – Top Ten Contractual Issues

Join us for our October Roundtable on Thursday, October 21, 2021, as we focus on the top ten key contract provisions to assist design professionals to avoid and manage professional liability risks.

In this presentation, David will discuss:

• Recommended Contract Approaches Design Professionals Should Use;
• Key Contractual Provisions and Principles;
• Risk Management Through Contracts – Pitfalls to Avoid;
• How to Descend Risks to Subconsultants.

Donovan Hatem Welcomes Two Of Counsel Attorneys to the Firm

Boston, MA (September 28, 2021) – Donovan Hatem is pleased to announce that Samuel J. Muir and James N. Worden have both joined as Of Counsel to the Firm. 

Samuel J. Muir joins the Firm’s Litigation practice as a trial attorney based out in California, who specializes in construction litigation with an emphasis on the representation of design professionals. For over 30 years, Sam has successfully represented clients in jury trials, bench trials, binding arbitrations,

Team of Donovan Hatem Attorneys Lead Full Day Seminar on Law for Massachusetts Architects

Join a team of our attorneys on Monday, September 13, 2021, for a live webinar on Laws for Massachusetts Architects.

Topic Discussions Include:

• Understanding the Law of Professional Liability
• The Architect’s Standard of Care
• Understanding the Law of Architectural Copyright
• Architects and Construction Liens
• Overview of Contract Law for Architects
• Complying with Massachusetts Rules of Professional Conduct
• Understanding Massachusetts Building Design Law
• Climate Change and Recent Developments in Massachusetts Law

List of Speakers:

• Jon C.

Surfside Condominium Collapse: Is There a Path Forward to Mitigate Risk of Catastrophe?

by David J. Hatem, PC
August 2021

On Thursday, June 24, 2021, Champlain Towers South, a 12-story beachfront condominium in the Miami suburb of Surfside, Florida, partially collapsed.  As of July 22, 2021, a total of 98 people are confirmed dead, all of whom have been identified. 

I have been involved in several high profile – and tragic – events like the Surfside condominium collapse. Notably, the Minnesota I-35 Bridge Collapse in 2007,

MA Appellate Courts Issue Two Important Decisions Impacting Professional Liability Claims

Architects, engineers, and other design professionals should take note of two recent Massachusetts opinions which underscore the need to consider the complexities professionals face when evaluating supposed errors in judgment, and whether those errors even caused harm. The first, Doull v. Foster, SJC 12921 (February 26, 2021), eliminated the confusing “substantial contributing factor” test in favor of adopting the “but for” standard for proximate causation. This  requiring plaintiffs prove their harm would not have occurred “but for” the defendant’s conduct.

June 2021 Roundtable – Claims Investigation, Documentation, and Dispute Resolution

A notice of a design issue or design claim is a serious matter.

A serious matter merits, and requires, a serious response. When an issue or claim is asserted, a number of steps should be taken, and a thorough, meaningful investigation should be conducted.

Join us for our June Roundtable on Thursday, June 24, 2021 presentation as we will:

• Address the steps to be taken to evaluate an allegation that a design error or omission was made.

Paul Muniz Authors Chapter in the Design Professional’s Guide to Construction Law

Paul Muniz authored the chapter, titled “Design Professional Legal Responsibilities – Construction and Completion Phases” in the recently published Design Professional’s Guide to Construction Law by the American Bar Association.

The objective of Paul’s chapter is to explore the legal responsibilities of design professionals providing construction administration services to bring a project through to final completion once the ground is broken. This chapter provides guidance on site visits to verify conformance with the Contract Documents,

Client Alert: Full Staff of New York Courts Due Back May 24, But Some COVID19 Changes In Litigation Are Here To Stay

The difference in how civil litigation was conducted in New York before COVID and now could not be greater.  Overnight, the system where the vast majority of court business was conducted live inside a courthouse was shut down.  After a hiatus, as everyone scrambled to enhance their technical capabilities, court proceedings finally resumed via remote means.  While the pace of pre-trial proceedings and appeals had increased over time, all civil jury trials were initially postponed indefinitely and have resumed only in very limited numbers. 

Eric Howard Serves as Professional Development Faculty for ACEC/MA Courses

Donovan Hatem is excited to announce that Eric Howard, Partner and Co-Chair of the firm’s Litigation practice is sharing his specialty legal expertise within the architecture and engineering professions in Massachusetts.  As part of the ACEC/MA Leadership Education curriculum, Eric brings his 30+ years experience to help design professionals manage risk and avoid legal pitfalls through careful contracts, eye-opening understandings, and precise writing to avoid “wording-dangers”. 

Eric is the instructor for two courses: Emerging Leaders – Risk Management session,

Client Alert – Court Saves Building From Guillotine

At the Donovan Hatem January 21 Roundtable, we discussed the decision in The Committee for Environmentally Sound Development v. Amsterdam Ave Redevelopment whereby a New York trial court annulled a resolution of the Board of Standards and Appeal, thereby revoking a DOB permit, and directed the removal of many floors of a nearly completed high rise building. At our Roundtable we reported an appeal had been taken from that decision, and the appeal was supported by amicus briefs from the NY Building Congress,

March Roundtable – Climate Change: New and Emerging Trends

Join us Thursday, March 18th to learn about new climate change policies during 2020-2021. Climate change considerations are increasingly important in the design process. Learn what is being done at the state and local levels to address the challenge and how effective risk management strategies incorporate resilience measures into design

Topics:

• The Commonwealth’s key initiatives to advance its net-zero and climate resilience goals, with a focus on the 2050 Decarbonization Roadmap, Resilient Massachusetts Action Team (RMAT) climate resilience tools and guidelines,

January Roundtable – What’s New: A Review of 2020 and Recent Cases Involving Design Professionals

This new year let’s look back to see what’s ahead!   Join us Thursday, January 21, 2021,  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

Brian Newberry,

Adam Benevides and Sean McCarthy Named Partners of Donovan Hatem LLP

Boston, MA (January 8, 2021) – Donovan Hatem LLP is pleased to announce the election of Adam Benevides and Sean McCarthy as new partners of the Firm.

Adam Benevides joined the firm in 2013 where he has focused his practice on representing plaintiffs and defendants in complex commercial litigation disputes, insurance and tort defense, premises liability, employment matters, construction litigation, and professional practices.  For over seven years, Adam has successfully managed complex cases from inception through trial preparation for Donovan Hatem clients.

The Design & Construction Management Professional Reporter: December 2020

Inside This Issue:
“Rethinking and Recalibrating Design-Build”
By: David J. Hatem, PC
“Texas Court of Appeals Affirms Strict Compliance with Certificate of Merit Statute.”
By: Andrew S. Hassey
To read our December 2020 issue, please click here.

Article: Rethinking and Recalibrating Design-Build

by David J. Hatem, PC
December 2020

For a PDF version of the article, click here

In the last 18 months, the signs and signals, if not alarms, that something is seriously veering off the tracks in Design-Build (“DB”) delivery on major public infrastructure projects have become increasingly evident by comments and actions of a number of diverse and important constituencies in the construction, design and insurance industries.  The root causes of many of the negative experiences and trends on those DB projects arise out of certain Owner procurement and contractual practices that are adversely,

Donovan Hatem Obtains Important Victory For Beer Wholesaler in Connecticut

In one of the few cases addressing Connecticut’s Beer Franchise Law, a combined effort by Donovan Hatem attorneys Joshua Stern in New York and a small team in Boston was able to thwart a foreign brewer from terminating a local wholesaler’s distribution rights. The case was first argued in the Connecticut Department of Consumer Protection, Liquor Control Commission, and then affirmed by the Superior Court. Even though the foreign brewer had withdrawn the product from the marketplace for more than a decade,

David Hatem to present for ACEC/MA on Current Issues in Design-Build for Design Professionals

David Hatem will be presenting a webinar for ACECMA, held on Tuesday, December 15, 2020, to discuss Current Issues in Design-Build for Design Professionals.

Topics to be addressed:

Understanding and mitigating risk issues for design professionals on Design-Build and P3 projects

Consider practices that can be employed to optimize an engineering design firm’s position in Design-Build and P3 projects.

Understand issues for approaching a Design-Build project when your firm is the consultant to the prime contractor – during the procurement phase as well as during the during the design &

Jon Cowen presents at ACEC/MA Risk Management Forum

Jon Cowen recently spoke at the ACEC/MA Risk Management Forum to Discuss D’Allessandro Decision and 2 recent Board of Registration Policies/Advisories 

The Forum, held virtually on December 1, 32020, discussed:

• Recent MA High Court Ruling on Statute of Repose in Multi-phase, Multiple Building Project, D’Allessandro v. Lennar Hingham Holdings, LLC 
  • ACEC/MA is grateful to Donovan Hatem for filing an amicus brief on our behalf in this case.