MG+M The Law Firm is pleased to present the next installment of our Design Professionals Roundtable series: “Boston University v. Clough Harbour: Implications and Strategies for Design Professionals.” This session will explore the far-reaching impact of the recent Massachusetts Supreme Judicial Court decision on liability exposure, insurance coverage and risk management for design professionals.
Moderated by MG+M Partner David J. Hatem, the session will feature perspectives from design and legal professionals, including members of the ACEC/MA Special Committee formed to assess the professional and legal ramifications of the decision. Panelists include:
- Abbie Goodman, Executive Director, ACEC/MA
- John Nunnari, Executive Director, AIA Massachusetts
- Bill J. Edwards, Managing Counsel of Infrastructure, Stantec
- Kelly Martin Malone, MG+M The Law Firm
- Howard P. Goldberg, MG+M The Law Firm
Specifically, we will discuss:
- Extended liability exposure periods: Understand how the SJC’s interpretation may significantly expand the timeframe during which design professionals can be sued, increasing long-term risk.
- Ownership and transitional issues at project closeout: Learn how the decision affects the allocation of responsibilities and liabilities after project completion, including latent defects and design intent.
- Impact on professional liability insurance: Explore how insurers may adjust coverage, underwriting, and claims handling in response to heightened and prolonged exposure.
- Strategies to mitigate long-tail liability risks: Discover practical legislative, contractual and risk management tools to help limit exposure and protect your practice moving forward.
MG+M’s attorneys are deeply engaged in the evolving legal landscape impacting design professionals and provide strategic counsel to help clients navigate risk and adapt to emerging developments. We hope you’ll join us for this timely and important conversation.
For your reference and review before the roundtable, we’ve compiled the following important materials:
- “Massachusetts Supreme Judicial Court Rules Contractual Indemnification Claim Is Not Barred by the Statute of Repose: Implications for Design and Construction Professionals” Authored by MG+M Partners David Hatem and Kelly Martin Malone and Associate Dillon Aisenberg (a version of this article was published in Massachusetts Lawyers Weekly)
- Amicus Brief on Behalf of ACEC-MA
- Trustees of Boston University v. Clough, Harbour & Associates LLP, SJC No. 13685 Decision
Continuing Education (CE) credits will be available for this roundtable. Please provide your AIA member number in the registration form. If not provided, we cannot issue your credits, and it will be your responsibility to secure them independently.
