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 | Aug 8, 2018
Too much parking in U.S. cities proving costly
As car ownership rates drop, excess parking seems more wasteful.
Codes and Standards | Aug 7, 2018
International Fire Safety Standards (IFSS) Coalition created
Professional associations and building standards organizations join forces.
Codes and Standards | Jul 31, 2018
Workers allegedly held in captivity by construction subcontractor in San Jose pay theft case
Contractor pays $250,000 in back wages in Dept. of Labor enforcement action.
Codes and Standards | Jul 17, 2018
Heat island effect can turn deadly in extreme conditions
Of all the impacts of global climate change, it’s extreme heat that kills more Americans each year than any other weather-related event.
Codes and Standards | Jul 17, 2018
NIMBYism, generational divide threaten plan for net-zero village in St. Paul, Minn.
The ambitious redevelopment proposal for a former Ford automotive plant creates tension.
Codes and Standards | Jul 17, 2018
In many markets, green features are more of a requirement for apartment renters
Renters in many U.S. cities have come to expect green features in apartments that they rent, with an eye toward energy efficiency and healthy indoor air.
Codes and Standards | Jul 16, 2018
Length of North American construction disputes continues to increase
They already far exceed global average.
Codes and Standards | Jul 12, 2018
Developer says net zero Salt Lake City apartment high-rise built at standard cost
Off-site solar, and mechanical/electrical system savings aid the achievement.
Codes and Standards | Jul 11, 2018
D.C. local worker requirement not being met
Government doing little to verify self-reported project data.
Codes and Standards | Jul 10, 2018
Carbon emissions in cement production threaten GHG reduction goals
Cement is essential to many infrastructure projects that address climate change.