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
| Mar 19, 2014
Oklahoma City mandates safe rooms in new schools
The move will affect 24 districts that have schools inside Oklahoma City limits.
| Mar 19, 2014
Green building standards can help building become more storm-resistant
Structures built to green standards have added resilience to destructive storms because green buildings are often constructed with stronger, more sustainable materials than traditional buildings.
| Mar 19, 2014
Ohio Senate passes rule to require state agencies use ANSI standards rather than LEED
The resolution specifically mentions LEED v4, and calls for the U.S. Green Building Council to conform to ANSI.
| Mar 19, 2014
Tucson ignores ADA, building code on city-owned property
The city has been operating a downtown dirt parking lot in violation of its own code and the federal law for years.
| Mar 19, 2014
Santa Monica, Calif., may offer LEED alternatives to help promote green construction
With developers in Santa Monica, Calif., looking for ways to build green more inexpensively, the city may consider alternatives to LEED such as Green Globes.
| Mar 18, 2014
Canadian wood industry pushes for ‘wood first’ legislation on mid-rise public projects
The wood lobby is pushing Canadian provinces to pass “wood first” legislation specifying wood framed structures as the default for mid-rise public works projects where warranted.
| Mar 13, 2014
USGBC hits back at Environmental Policy Alliance criticism
The Washington, D.C.-based Environmental Policy Alliance has launched a campaign to make the claim that LEED-certified buildings are less energy efficient than other buildings. In response, USGBC told its members: "Don’t be fooled, the Environmental Policy Alliance isn’t the 'EPA' you might think."
| Mar 13, 2014
North Carolina board recommends switch to six-year code update cycle
In a nine to six vote, the North Carolina State Building Code Council on March 11 approved moving the commercial building code (except for the electrical code) to a six-year cycle for updating instead of a three-year cycle.
| Mar 13, 2014
OSHA’s funding disclosure requirement for those offering silica rule comments draws ire
The Occupational Safety and Health Administration is requiring those who submit comments on the silica rule to disclose their funding sources for their scientific research to avoid conflict of interest.
| Mar 13, 2014
EPA publishes ‘best management practices’ rule on erosion, stormwater at construction sites
The Environmental Protection Agency published a new rule this month that will require the construction, housing, and utility sectors to carry out "best management practices" in order to prevent erosion and harmful stormwater discharges at construction sites.