The Accountant/Attorney Liability Reporter: August/September 2011
Inside this issue:
Junior Accountants Held to be Exempt from Wage and Hour Law Protections
By Katherine McAllister, Esq.
The Kovel Principle: Recent Developments and Practice Suggestions
By Jason Burke
Textron Revisited: Tax Accrual Workpapers Work Product Protection Issue Has Produced New Work Product Definition
By John B. Connarton, Jr., P.C.
To Make or Not to Make a Statement: Fraud Liability Under SEC Rule 10b-5 Narrowed
Reporting Requirements for Residents Maintaining Foreign Bank and Financial Accounts
Read MoreThe 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.
Read MoreThe 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.
Read MoreThe 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
Protecting Your Business Interests: Non-Competition and Other Restrictive Covenants
By Chris Whitten and Cheryl A. Waterhouse, Esq.
Read MoreClient 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.
Read MoreDesign & 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.
Read MoreAnnouncement: 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
Read MoreClient 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.
Read More“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
Read MoreThe 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
New Rhode Island Legislation Proposes to Alter Retention Process for A/E Firms on Public Projects
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.
Read MoreDesign Professional White Paper: “Green and Sustainable Design Part 1: Professional Liability Risk and Insurability Issues for Design Professionals”
Whitepaper by David J. Hatem, PC
Read More“RFIs and Shop Drawings: How to Manage Risk and Reduce Liability”
Legal Perspectives column, March 2010, STRUCTURE Magazine
Read MoreThe 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
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
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.
Read MoreThe Accountant/Attorney Liability Reporter: February/March 2010
Accountant Liability for Third Party’s Embezzlement
Threat of Tax Liability Enough to Hold Accountant Liable
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.
Read More“Cost Estimates, Project Budgets, and the Structural Engineer”
Legal Perspectives column, January 2010, STRUCTURE Magazine
Read More“Managing Your Practice in a Down Economy”
Legal Perspectives column, December 2009, STRUCTURE Magazine
Read MoreAlert: 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.
Read More“Structural Design Delegation”
Legal Perspectives column, November 2009, STRUCTURE Magazine
Read MoreThe 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
Read MoreThe 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
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.
