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
| Dec 11, 2014
Defense Authorization Act rejects BRAC for 2017
The House of Representatives has passed the $584.2 billion Defense Authorization Act.
| Dec 4, 2014
New airports raising green standards to new heights
Recent airport designs are bigger and much more efficient, based on a look at recent projects in Mexico City, London, and China.
| Dec 4, 2014
Rock Hill, S.C., puts moratorium on multifamily construction
City officials say the flurry of apartment construction over the past year has strained resources, including public services and infrastructure.
| Dec 4, 2014
Ontario contractors renew push for prompt payment legislation
A new coalition of Ontario contractors, construction associations, suppliers and trade unions will push for a revival of prompt payment legislation late this year.
| Dec 4, 2014
Roofing material manufacturers extend research project on sustainable roofing
A coalition of trade groups is sponsoring continued analysis of a reroofing project at the Onondaga County Correctional Facility in Jamesville, New York.
| Nov 26, 2014
Colorado must fix construction defects law, Denver Post says
Colorado's “vexing construction defects law” has hampered the building of new condominiums in the state, according to an editorial in the Denver Post.
| Nov 26, 2014
Cheyenne, Wyoming City Council kills downtown design standards proposal
The Cheyenne, Wyoming City Council voted down a measure that would have implemented design standards for new construction and building additions downtown.
| Nov 26, 2014
ASTM International develops first product category rules for asphalt roofing industry
The Asphalt Roofing Manufacturers Association (ARMA) and ASTM International have developed Product Category Rules (PCR) for asphalt roofing in North America.
| Nov 26, 2014
International Green Construction Code will include option for outcome-based approach
The outcome-based approach requires the building owner to provide the building’s utility bills for a 12-month period within three years.
| Nov 20, 2014
Pentagon is reviewing hospital construction standards
An independent review panel of military specialists met with healthcare leaders Nov. 12 to consider whether construction standards for medical centers should be strengthened to align with industry best practices.