David Hatem

Practice Areas

Consulting, Design Professionals, Professional Liability, Insurance

Career

David J. Hatem is a nationally recognized attorney whose practice is distinguished by his longstanding representation of engineers, architects, and other design professionals, as well as his advisory work for professional liability insurers and underwriters on complex, project-specific insurance matters. Spanning both legal representation and strategic consulting, his practice sits at the intersection of law, engineering, and risk management and is focused on large-scale infrastructure, design-build, and public-private partnership projects across North America.

David has more than three decades of experience providing comprehensive legal counsel and risk management advice on projects ranging from high-rise buildings and urban developments to institutional facilities and complex infrastructure. Applying this experience, he developed and leads a specialized consulting practice composed of experienced attorneys who work closely with professional liability insurers underwriting project-specific coverage for major public and private developments, including tunnels, bridges, and other large-scale infrastructure projects.

He also provides strategic, forward-looking counsel to help clients address emerging risks and position themselves for long-term success. His approach integrates both legal and practical considerations, offering clients holistic support as they navigate complex projects and evolving industry demands.

Beyond his work with clients, David is actively engaged in monitoring evolving industry and regulatory developments affecting design and construction professionals. He regularly participates in industry education initiatives, including presentations that provide continuing education credits to insurers and design professionals. He has authored and edited numerous publications addressing legal and risk management issues in design and construction, including topics such as project-specific professional liability insurance, public-private partnerships, and design-build project delivery.

David has continuously served as counsel for the American Council of Engineering Companies of Massachusetts since 1988 and as general counsel to the Design-Build Institute of New England, Inc. since 2000. He also teaches Legal Aspects of Civil Engineering at Northeastern University’s Graduate School of Engineering and is involved with several professional organizations, including the American Bar Association; Massachusetts Bar Association; American Society of Civil Engineers; Boston Society of Architects/AIA; and the Society for Mining, Metallurgy and Exploration, Inc.

David’s contributions to the engineering and design professional community have been widely recognized. He has been selected for inclusion in The Best Lawyers in America for construction law and insurance law and ranked Band 1 by Chambers USA in construction. He is an honored member of the Boston Society of Civil Engineers Section of the American Society of Civil Engineers and has received the Engineering Center Education Trust’s Leadership in Professional Practice Legal Services Award in recognition of a career dedicated to the engineering sector, as well as a Distinguished Service Award from the American Council of Engineering Companies of Massachusetts for extraordinary support of the engineering profession. He also holds an AV Peer Review Rating from Martindale-Hubbell.

David earned his JD from Boston University School of Law and his BA, magna cum laude, from Boston University. He is admitted to practice in Massachusetts and before the US Court of Federal Claims, the US Courts of Appeals for the First and Seventh Circuits, and the US District Court for the District of Massachusetts.

Professional Memberships

American Bar Association; Massachusetts Bar Association; Boston Society of Architects; American Council of Engineering Companies of Massachusetts; Design-Build Institute of New England, Inc.; American Society of Civil Engineers; Boston Society of Architects/AIA; Transportation Research Board; National Council for Public-Private Partnership;, International Bridge, Tunnel and Turnpike Association; Geoprofessional Business; New York Building Congress

Publications

– Project-Specific Professional Liability Insurance on Design-Build and Public-Private Partnership Projects in North America: A Path Forward (2022)

– Public-Private Partnerships and Design-Build: Opportunities and Risks for Consulting Engineers, Third Edition, ACEC (Hatem, D.J. and Gary, P. 2020)

– Subsurface Conditions: Risk Management for Design and Construction Management Professionals (1998)

– Design-Build Subsurface Projects, Second Edition, Society for Mining, Metallurgy and Exploration, Inc. (G. Brierley, D. Corkum, and D. Hatem, 2010)

– Megaprojects: Challenges and Recommended Practices, ACEC (D.J. Hatem and D. Corkum, eds., 2010)

Education

Awards