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 30, 2017
Trump rescinds elevation requirements for federally funded buildings and infrastructure
Flood protection on subsidized housing, hospitals, and other public buildings rolled back.
Codes and Standards | Aug 30, 2017
Stormwater runoff mitigation pays off for some building owners
Rain gardens, green roofs, cisterns, and rainwater recycling add value.
Codes and Standards | Aug 28, 2017
Commercial properties address state carbon-reduction policies
EV charging stations, batteries, and microgrid technology are all part of effort to meet demand for cleaner power.
Codes and Standards | Aug 24, 2017
OSHA silica dust exposure enforcement begins Sept. 23
Vacuum dust collection, water-delivery systems, and respirators will be required.
Codes and Standards | Aug 18, 2017
Cool roofs may increase air pollution
California’s requirement for cool roofs on new non-residential buildings could promote smog.
Codes and Standards | Aug 17, 2017
Black market sales of OSHA training certifications plague New York City construction industry
Task force formed to get fake training cards off the streets and workers properly trained.
Codes and Standards | Aug 16, 2017
Big changes coming to Ontario building code
Proposals include solar-ready roofs, more stringent heating/cooling efficiency requirements, and graywater reuse.
Codes and Standards | Aug 15, 2017
ASHRAE certifications recognized by DOE as meeting Better Buildings Workforce Guidelines
Two of six such certifications are ASHRAE programs.
Codes and Standards | Aug 14, 2017
New edition of AISC Steel Construction Manual now available
Includes the 2016 Specification for Structural Steel Buildings.
Codes and Standards | Aug 10, 2017
AAMA releases updated Standard Test Method for Water Penetration Using Dynamic Pressure
The update applies to windows, curtain walls, and doors.