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
| Sep 10, 2014
AIA, CSI, and NIBS publish updated national CAD standard, includes new BIM module
The NCS helps architects, constructors and operators coordinate efforts by classifying electronic design data consistently and making information retrieval easier, the industry groups say.
| Sep 10, 2014
Perry named new director of OSHA’s Standards and Guidance Directorate
Bill Perry has been named new director of the OSHA’s Directorate of Standards and Guidance, effective Aug. 24, 2014.
| Sep 10, 2014
ASHRAE proposes verification for energy standard
The ASHRAE/IES energy standard would have multiple compliance options to ensure verification of delivered building envelope performance under a new proposal.
| Sep 2, 2014
Micro-apartment concept can’t get traction in Boston suburb
Micro-apartments are gaining acceptance in nearby Boston and in places such as San Francisco and New York, but Weymouth, Mass., officials and neighbors were not receptive to a proposal for tiny dwellings this summer.
| Sep 2, 2014
Montreal borough leader urges city to issue green roof guidelines
The mayor of Montreal's Saint-Laurent borough wants Quebec's housing authority to speed up its plan to publish construction guidelines for green roofs.
| Sep 2, 2014
Proposed federal rules would create more stringent healthcare facility safety rules
A key change is a requirement that buildings over 75 feet tall have sprinkler systems throughout the structure. Existing buildings would have 12 years to install them.
| Sep 2, 2014
Construction unions, housing activists press New York mayor on affordable apartment projects
A group of New York City construction unions have joined forces with affordable housing activists to pressure Mayor Bill de Blasio to require organized labor on construction of 80,000 lower-cost apartment units.
| Aug 27, 2014
Houma, La., will tap FEMA grants to raise hurricane resilience standards on public buildings
The Houma-Terrebonne Civic Center and other public buildings in Houma, La., would be renovated to withstand Category 3 hurricane winds according to a plan being considered by the Parish Council.
| Aug 27, 2014
Napa Valley assesses impact of structural retrofits on buildings after earthquake
About 30 inspection teams of two inspectors each have conducted at least quick exterior inspections of downtown Napa, Calif., buildings since a magnitude 6.0 earthquake struck the region.
| Aug 27, 2014
Liberty Building Forensics cautions hotel building teams on moisture, mold issues
Liberty Building Forensics Group, a building forensics firm warned building teams working on hotel projects to be on guard against moisture intrusion and mold.
