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 | Oct 20, 2017
AIA contract document updates include new BIM, digital data provisions
Documents are structurally different from 2007, 2008 versions.
Codes and Standards | Oct 19, 2017
IAPMO seeks proposals for 2021 Uniform Plumbing Code, Uniform Mechanical Code
The deadline is March 16, 2018.
Codes and Standards | Oct 18, 2017
States impacted by hurricanes are improving their energy efficiency policies
Florida, Texas, rise in ACEEE state energy efficiency scorecard.
Codes and Standards | Oct 17, 2017
Updated versions of EnergyPlus and OpenStudio building energy modeling tools released
Open-source apps include enhancements for urban-scale modeling.
Codes and Standards | Oct 16, 2017
New, comprehensive insurance exhibit released in AIA 2017 contract document updates
Will allow AIA to make updates more frequently as insurance market changes.
Codes and Standards | Oct 12, 2017
New AIA contract document designates responsibilities for sustainable projects
Roles of architects, contractors outlined in E204–2017.
Codes and Standards | Oct 11, 2017
Data, transparency are keys to next steps in green building, says USGBC chief
Monitoring and comparing performance are critical to advancing sustainability goals.
Codes and Standards | Oct 10, 2017
New guidelines for quality control on application of membrane roof systems released
NRCA document provides guidance for on-site evaluation.
Codes and Standards | Oct 9, 2017
New app calculates maximum allowable heights for building occupancy types, classes of construction
The app streamlines compliance on various types of construction.
Codes and Standards | Oct 5, 2017
California lawmakers pass bill that requires GCs to pay wages of sub employees if subs fail to pay
The measure will go into effect in January if the governor signs it.