Upcoming Events Where You Can Find Donovan Hatem

We have shared that Donovan Hatem LLP will be presenting at NSPECon in Raleigh, NC in August. We’re pleased to share an extended look at various events across the country that our attorneys will be speaking at.

From June 23-26, Donovan Hatem LLP will be presenting twice at the Underground Construction Association NAT2024.

Our two presentations will focus on the various approaches available for dispute resolution for major projects,

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Donovan Hatem to Speak at NSPECon24

The National Society of Professional Engineering (NSPE) is holding their annual conference NSPECon24 in Raleigh, NC from August 7-9.

Donovan Hatem is pleased to announce that we will be presenting at NSPECon24 on the topic of Transformative Roles and Responsibilities, and Liability Risks. Specifically:

Infrastructure projects continue to be funded and proceed at a pace more accelerated than previously experienced in North America.  The complexity, construction values, utilization of diverse alternative delivery methods and challenging design and construction interactions and interfaces,

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Artificial Intelligence: Best Practices for Design Professionals

Michael S. Robertson , Esq. | Of Counsel | Donovan Hatem LLP
Benjamin Wisniewski, P.E., P.Eng. | Associate Principal | Simpson Gumpertz & Heger

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This is the third in a series of articles that address various issues associated with the increasing use of artificial intelligence (AI), and the effects and risks facing the design professional community as a result.

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Donovan Hatem LLP Earns Victorious Ruling for Client Accused of Intentional Interference of Home Renovation

Donovan Hatem LLP is pleased to announce a decision in favor or our client, (Architect), affirming a grant of summary judgment by the Norfolk Superior Court.

Our client was engaged by the (co-defendant) homeowners in connection with a multi-million dollar renovation of a home residence. The (Homeowner)’s engaged a general contractor to perform the renovation. The (Homeowner) specifically requested the architect to review the GC’s bills; he concluded, on every occasion, that they were being overbilled.

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Seven Questions on Artificial Intelligence and Its Use by AEC Design Professionals

John Lim, Esq. | Associate | Donovan Hatem LLP
Paul E. Kassabian | Principal | Simpson Gumpertz & Heger

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Evolving advances in Artificial Intelligence (AI) pose real and current challenges, risks, and opportunities for the AEC design professional community. In their 2023 study regarding the performance of ChatGPT on the Fundamentals of Engineering exam, Pursnani, Sermet, and Demir observed that ChatGPT using GPT-4 achieved a potentially passing score of 75.37%.¹ We are entering unique times,

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Design & Construction Management Professional Reporter: Winter 2024

AI Generated Image

Inside This Issue:

As we embrace the turnover to 2024, we look forward to new opportunities and accomplishments. Donovan Hatem hopes our readers find 2024 to be a productive and satisfying year.

We are pleased to present the Winter 2024 D&C Reporter. As Artificial Intelligence has emerged as a tool for great innovation, as well as potential mischief, we lead this publication with an article by David J.
Hatem, PC on the emerging influence of AI on design professionals.

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Gwen Weisberg Presents at DBIA-NE’s Friday Forum Event January 19, 2024

Donovan Hatem LLP is pleased to announce that its partner, Gwen P. Weisberg, will be a panelist at the New England chapter of the Design Build Institute of America (DBIA-NE) Friday Forum, January 19, 2024. DBIA-NE is hosting a 45-minute Design-Build Community Panel Discussion on the subject of teaming agreements

Teaming Agreements!

The cornerstone for the success, or failure, of every design-build project.

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Artificial Intelligence: Professional Standard of Care Considerations for Design Professionals

*A version of this paper will be published in the Design & Construction Management Professional Reporter: Winter 2024.

Click here for the full article and printable version!

Artificial Intelligence: Professional Standard of Care Considerations
for Design Professionals

David J. Hatem, PC

Donovan Hatem LLP

Boston, MA

December 15, 2023

I.               
Introduction

Artificial Intelligence (“AI”) promises immense opportunities and benefits for society, including the various professionals who serve society. To varying and increasing levels professionals are embracing and integrating AI into their practices,

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Donovan Hatem is Focusing on AI in 2024

Boston, December 13, 2023 – Donovan Hatem LLP is looking forward to its upcoming slate of of Newsletters and Roundtables as it enters the New Year. Below are some of their immediate plans as they enter the 2024 year.

Design & Construction Management Professional Reporter Series on Artificial Intelligence (AI)

Artificial Intelligence (AI) represents an evolving intersection among technological advancement, human innovation and Design Professionals’ standards, judgments and capabilities. Design Professionals’ use of AI creates new opportunities for architectural and engineering services while also generating new and unknown risks and potential liabilities.

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Donovan Hatem Welcomes New Associates to the Firm

Boston, MA (November 20, 2023) – Donovan Hatem is excited to announce that Jacob McComber and Dillion Aisenberg have joined the Firm as new associates in the Professional Practices group.  

Jacob McComber is an Associate in the firm’s professional practice group and focuses on litigation matters. Jacob concentrates his practice on professional liability, insurance defense and tort litigation.

Dillon Aisenberg is an Associate in the Professional Practices Group in the firm’s Boston office.

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December 2023 – Mitigating Risk by Managing Client Expectations, Contracts & Communications

Join us at 8 am Eastern on Thursday, December 7th, for a focused seminar Roundtable that addresses the fundamental skills and strategies needed to mitigate risk in your practice by effectively dealing with clients and other project participants. At this roundtable, we will discuss the following :

  • Uncertainty and balancing clients’ expectations, relating to construction costs, project types
    and team structures.
  • Ways to evaluate and determine acceptable and reasonable contract terms,
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Donovan Hatem Welcomes a New Associate to the Firm

Boston, MA (November 1, 2023) – Donovan Hatem is pleased to announce that Preston L. Clinton has joined the Firm as an Associate in the Professional Practices group.  

Preston Clinton is an Associate in the Firm’s Professional Practice and Business Litigation groups where he represents individuals and businesses in civil litigation matters in state and federal court with a focus on business law, contract disputes, real estate, land use, zoning, employment law and personal injury.

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The Design & Construction Management Professional Reporter: Fall 2023

Inside This Issue:

Note from the Editor

Click Here To View the PDF

Donovan Hatem is pleased to present a special edition of its D&C Reporter. The publication is dedicated to the discussion of delivery methods and risk allocation for subsurface projects. David Hatem’s thought provoking and comprehensive analysis provides valuable guidance to industry professionals, and we trust you will find this article informative and helpful.

If you have any questions or wish to discuss this article or any issue impacting the design and
construction industry,

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Gwen Weisberg to Present at the 2023 ACEC National Conference

Gwen Weisberg will be presenting at the upcoming ACEC National Fall Conference to be held October 15-18, 2023 in Austin, TX.

Join Gwen on Monday, October 16th as she delves into the world of contract provisions in her presentation, “15 Most Controversial Contract Provisions.” In this session, Gwen will provide invaluable insights to assist design professionals in avoiding and managing professional liability risks. Attendees can expect to gain an understanding of recommended contract approaches,

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September 2023 – Cybersecurity Insights: A Guide to Insurance Coverage for Design Professionals

In today’s digital landscape, the protection of your work and business against cyber threats is paramount. Building upon the success of our previous seminar, “Cybersecurity for the Design Professional: Mitigating Risks in Today’s Digital World,” we are delving deeper into the critical area of cyber insurance.

Join us Thursday, September 28th, for our roundtable Cybersecurity Insights: A Guide to Insurance Coverage for Design Professionals as we host a panel of seasoned Professional Liability brokers and underwriters who will provide invaluable insights to help you secure the best coverage for your firm.

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Article: Early Contractor Involvement: Rethinking and RecalibratingDelivery Methods for Subsurface Projects

*A shorter version of this paper will be presented at the Tunnelling Association of Canada Conference in Toronto, on September 24-26, 2023. The latter version will be published in the October 2023 issue of TUNNEL BUSINESS MAGAZINE.

Click here for the full article and printable version!

Introduction

For more than half a century, the underground design and construction industry has been challenged to develop and successfully implement approaches to improve delivery and risk allocation,

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June 2023 – Sustainable Design: Practice and Risk Management Implications for Design Professionals

Join us Thursday, June 22nd, for our June Roundtable Sustainable Design: Practice and Risk Management Implications for Design Professionals. At this roundtable, we will answer the following questions:

  • How do Sustainable Design Concerns Impact the Design Professional’s Standard of Care?
  • What are some of the important Risk Management Considerations for Sustainable Design?
  • Can a Design Professional be held liable for failing to recommend Sustainable Design initiatives to their client?
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David Hatem Receives Band 1 Chambers Ranking in Construction

Boston, June 1, 2023 – Donovan Hatem LLP is pleased to announce that David J. Hatem, founding partner and Chair of the firm’s Professional Practices, has earned top ranking in the 2023 edition of Chambers USA: America’s Leading Lawyers for Business. For the second 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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May 2023 Roundtable – Cybersecurity for the Design Professional: Mitigating Risks in Today’s Digital World

Join us Wednesday, May 17th, for our May Roundtable Cybersecurity for the Design Professional: Mitigating Risks in Today’s Digital World as we address cybersecurity and its importance to your business. Over the last couple of years, there has been a significant increase in data breaches and scams. The need for digital protection is greater now than ever. In this roundtable, we will discuss the necessary steps to secure your data, provide real-life case studies and address the legalities of it all.

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North Carolina Court Clarifies [1] Plaintiffs Have the Burden of Proving—not Pleading—That Their Claim Was Filed Within the Statute of Repose and [2] the Statute of Repose Commences on Substantial Completion for Each Contractor

In August 2022, the North Carolina Court of Appeals held that claims against an engineer and a subcontractor were improperly dismissed at the pleading stage where the plaintiff did not allege an act or date of substantial completion regarding the statute of repose in its complaint. Gatson County Board of Education v. Shelco, LLC, 877 S.E.2d 316 (N.C. Ct. App. 2022) concerned an action by the Gatson County Board of Education (the “Board”) against Shelco,

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