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 | Sep 18, 2017
Changes likely to come to federal wetlands regulations
However, states may step up regulations as feds relax them.
Codes and Standards | Sep 14, 2017
Gentrification means a new mindset for city planners
Rising rents elicit reexamination of zoning principles.
Codes and Standards | Sep 13, 2017
OSHA issues extension for compliance with crane operator certification requirements
Comments on proposed rule sought through Sept. 29.
Codes and Standards | Sep 12, 2017
Washington, D.C. is first LEED Platinum city in the world
All city government buildings are powered by renewables.
Codes and Standards | Sep 11, 2017
Natural solutions would be most effective flood resilience policies for Houston
New green infrastructure should be part of rebuild.
Codes and Standards | Sep 8, 2017
Los Angeles luxury high-rise is first U.S. apartment building to achieve WELL Multifamily certification
Hollywood Proper Residences have verified indoor air and water quality features.
Codes and Standards | Sep 7, 2017
More than half of Houston properties at high or moderate risk of flooding are not in FEMA flood zone
Properties outside of these zones are not required to carry flood insurance.
Codes and Standards | Sep 6, 2017
Seventy percent of contractors have trouble finding workers
AGC survey indicates that fewer companies may be able to bid on projects.
Codes and Standards | Sep 5, 2017
New CTBUH initiatives to investigate link between fire and façades
In wake of Grenfell tragedy, Council forms new workgroup.
Codes and Standards | Sep 1, 2017
U.S. markets with the largest hotel construction pipeline
New York has the largest hotel construction pipeline of any U.S. market.