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 | May 9, 2017
Potential shade on Boston Common from proposed high-rise raises public ire
The Mayor is among those who want to change 1990s anti-shadow law.
Codes and Standards | May 9, 2017
Method of estimating amount of CO2 by building occupants may be inaccurate
New research suggests current estimates may be off by as much as 25%.
Codes and Standards | May 8, 2017
National Fenestration Rating Council’s new U-factor standard open for public comment
Member-approved ballot change to NFRC 100 comments to close on May 28.
Codes and Standards | May 4, 2017
Millennials’ views on sustainability could influence the workplace
Nine out of ten say it is important that they work for a company committed to sustainability.
Codes and Standards | May 3, 2017
New York State extends design-build authority
The legislation includes eight additional projects.
Codes and Standards | May 2, 2017
U.S. announces preliminary tariffs on Canadian softwood lumber
The rates range from 3% to 24% per producer.
Codes and Standards | Apr 28, 2017
New York man alleged to have posed as licensed architect faces possible prison time
He is charged with defrauding construction companies, business owners, and local governments.
Codes and Standards | Apr 27, 2017
Extensive list of plug load efficiency utility incentives available for free download
The Dept. of Energy resource is a state-by-state compilation with hundreds of listings.
Codes and Standards | Apr 26, 2017
Chicago commits to 100% renewable power for all city buildings
In doing so, it becomes largest U.S. city to make such a pledge.
Codes and Standards | Apr 25, 2017
Concerns over increased construction costs following Trump executive orders
‘Buy American’ requirement and revised H-1B visa restrictions could raise prices on supplies, labor.