California’s Supreme Court has ruled unanimously that the principal architects for a condominium project may be sued directly by a condominium homeowners association for design defects.
Skidmore, Owings & Merrill and HKS, Inc. were the principal architects for a 595 unit condominium project built near AT&T Park in San Francisco. The case, Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP, pertained to a 595-unit condominium project built near AT&T Park in San Francisco.
The units allegedly developing several defects including water infiltration, structural cracks, and overheating that made units virtually uninhabitable at times. The homeowners association sued the architects, alleging that these defects were caused by negligent design.
The decision highlighted the closeness of the connection between the architects’ conduct and the plaintiffs’ injuries, the limited and predictable class of potential plaintiffs, and the absence of options for the owners in obtaining design services on their own.
The decision held that even though, on most projects, the developer has the final say on design choices, the architect can’t escape liability to the end user. This decision is likely to give homeowners associations another target in defect cases. Architecture firms should consult their liability insurer to determine whether these claims will be covered.
(http://www.jdsupra.com/legalnews/architects-may-be-sued-directly-by-homeo-19296/)
Related Stories
Codes and Standards | Jan 18, 2019
Texas city sues developer over changes in $1 billion mixed-use project
Revised plan eliminated 8-acre lagoon, trolley, show fountain, and reduced retail space.
Codes and Standards | Jan 17, 2019
First resilience benchmarks for U.S. communities released
Provides way to evaluate current state of resilience and guidance for areas of improvement.
Codes and Standards | Jan 16, 2019
California mass timber building competition kicks off January 15
Competition will award $500,000 in grants to teams who design innovative buildings.
Codes and Standards | Jan 15, 2019
Hazard mitigation provisions in codes save lives and protect property
New NIBS study finds that adopting 2018 Intl. Codes generate $11 benefit for every $1 invested.
Codes and Standards | Jan 10, 2019
Ontario building first to achieve zero-carbon designation by Canada GBC
Geothermal heating, living wall among notable features.
Codes and Standards | Jan 9, 2019
Policymakers need to act to alleviate affordable housing crunch
Moody’s economist says costs including mortgage rates worsening situation.
Codes and Standards | Jan 8, 2019
Pittsburgh launches task force on construction industry fraud
Focus will be on wage violations.
Codes and Standards | Jan 7, 2019
Program uses low-cost sensors to monitor impact of stormwater mitigation systems
University/municipal partnership in Philadelphia aims to improve green infrastructure design.
Codes and Standards | Jan 7, 2019
Washington, D.C., to transition to 100% renewable energy by 2032
Includes measures to reduce emissions from buildings and transportation.
Codes and Standards | Jan 4, 2019
Canada’s National Building Code will include climate change obligations
New durability requirements for new buildings in the works.