Preti Flaherty construction law attorney Ken Rubinstein has been quoted in a recent article published by ENR focusing on the growing risks of personal liability for construction executives.
The article quotes Ken in discussing potential gaps in insurance coverage and the growing risks that are emerging in the new economy.
ENR is the leading publication for contractors, project owners, engineers, architects, government regulators and industry suppliers nationwide. For a link to the article, click here.
Learn more about Ken Rubinstein's Professional Services Law Practice here, or contact him at 617.226.3868.
Legal updates, news and commentary from Preti Flaherty's Professional Services Attorneys
Bidding on public construction contracts? Massachusetts AG's Office offers searchable online archive
Friday, March 16, 2012
At the heart of a successful bid for public projects is a firm understanding of the process ahead of you. That involves knowing the important dates and other timing issues of the bid, understanding the information required for an accepted bid, and familiarizing yourself with the applicable law and your rights under the law. Advance planning and good organization can take a lot of the stress out of what can be a confusing and unnecessarily confounding process.
Last August, Massachusetts added a resource for those bidding on public construction contracts: a searchable online archive of bid protest decisions. The Bid Protest Decision Lookup is a new feature on the Attorney General’s website and covers bid protest decisions dating back to 2003. In reaching its decisions, the Massachusetts AG applies decisions law from statutes, cases, and prior bid protest decisions of the former Department of Labor and Industries and the Attorney General’s Office. Reviewing past decisions of the AG’s office should be an important tool to help the aspiring bidder avoid previously established pitfalls and roadblocks to a successful bid.
At present, the database covers protest decisions dating back to 2003 with a selection of decisions from 1989-2002. The Attorney General’s Office is hoping to expand the coverage to include the remaining decisions from 1989-2002. The Bid Protest Decision Lookup is available here.
For more information on construction law, contact Preti Flaherty attorneys Neal Pratt at 207.791.3000 or William Whitney at 603.410.1500.
For more information on construction law, contact Preti Flaherty attorneys Neal Pratt at 207.791.3000 or William Whitney at 603.410.1500.
Court Hears KPMG Auditor Liability Case: Erases $38 Million Dollar Judgment
Friday, March 2, 2012
The NJ Supreme Court recently overturned a $38 million dollar judgment against accounting giant KPMG, after the court found that an accountant cannot be liable to a third party absent actual and specific knowledge that the audit would be used by someone other than the client. See Cast Art Industries v. KPMG (Feb. 16, 2012).
In a decision that clarified the scope of an accountant’s potential liability, the court ruled that, "An auditor is entitled to know at the outset the scope of the work it is being requested to perform and the concomitant risk it is being asked to assume." The Court’s ruling offers a long awaited limitation of liability for the accounting industry.
Massachusetts, Maine, and New Hampshire already follow some form of the restatement (Second) of Torts approach which limits an auditor’s potential liability to the class of persons that the auditor has agreed may rely upon the auditor’s report.
For further information please contact Ken Rubinstein at (617) 226-3868 or learn more about his Professional Services law practice here.
In a decision that clarified the scope of an accountant’s potential liability, the court ruled that, "An auditor is entitled to know at the outset the scope of the work it is being requested to perform and the concomitant risk it is being asked to assume." The Court’s ruling offers a long awaited limitation of liability for the accounting industry.
Massachusetts, Maine, and New Hampshire already follow some form of the restatement (Second) of Torts approach which limits an auditor’s potential liability to the class of persons that the auditor has agreed may rely upon the auditor’s report.
For further information please contact Ken Rubinstein at (617) 226-3868 or learn more about his Professional Services law practice here.
New Hampshire Attorney Discipline System Overhaul Being Considered by NH Supreme Court
Wednesday, February 29, 2012
A report critiquing the New Hampshire Lawyer Discipline System is currently under review by the New Hampshire Supreme Court.
Produced by the ABA Standing Committee on Professional Discipline, the December 2011 Report is authored by a team of attorneys from across the country, who conducted an on-site visitation from July 12-15, 2011. The Report suggests sweeping changes in such areas as the claim screening process, oversight of the Attorney Discipline Office (ADO), the composition of the ADO, and training procedures for the ADO’s members. The report and related documents have been made available for free download by Preti Flaherty's Professional Services Law Group here.
The Report contains a total of 18 specific recommendations, broadly categorized into the areas of Structure; Procedures; and Sanctions.
Chief Justice Dalianis has invited comment from the members of the Bar. The New Hampshire Bar Association has prepared an 8-page Summary comparing the current system to the proposals contained in the Report.
For additional information regarding New Hampshire attorney discipline, the proposed changes or their potential impact on lawyers involved in the attorney discipline system, please contact Preti Flaherty attorney Bill Saturley at (603) 410-1500 or learn more about his Professional Services Law Practice here.
Produced by the ABA Standing Committee on Professional Discipline, the December 2011 Report is authored by a team of attorneys from across the country, who conducted an on-site visitation from July 12-15, 2011. The Report suggests sweeping changes in such areas as the claim screening process, oversight of the Attorney Discipline Office (ADO), the composition of the ADO, and training procedures for the ADO’s members. The report and related documents have been made available for free download by Preti Flaherty's Professional Services Law Group here.
The Report contains a total of 18 specific recommendations, broadly categorized into the areas of Structure; Procedures; and Sanctions.
Chief Justice Dalianis has invited comment from the members of the Bar. The New Hampshire Bar Association has prepared an 8-page Summary comparing the current system to the proposals contained in the Report.
For additional information regarding New Hampshire attorney discipline, the proposed changes or their potential impact on lawyers involved in the attorney discipline system, please contact Preti Flaherty attorney Bill Saturley at (603) 410-1500 or learn more about his Professional Services Law Practice here.
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