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 18, 2013
ASHRAE publishes 2013 thermal comfort standard
Major revisions for design and measurement of comfortable spaces are included in a newly published ASHRAE 2013 thermal comfort standard.
| Dec 11, 2013
Texas to require architects to be fingerprinted to get licensed
Starting January 1, 2014, architects who apply for an occupational license in Texas will have to share their fingerprints with the state.
| Dec 11, 2013
Province of Ontario is reviewing bill to require timely payments to contractors
Legislation is under review in the Province of Ontario that would mandate timely payments to contractors.
| Dec 11, 2013
Federal design-build proposal could make it easier for small businesses to land government contracts
The Design-Build Efficiency and Jobs Act, a bill pending in the U.S. House of Representatives, would streamline the bid and proposal process by requiring government agencies to use a two-step process when seeking design-build contracts for projects worth more than $750,000.
| Dec 11, 2013
NIST recommends tougher standards for tornado resilience
Buildings in tornado-prone areas should be constructed to withstand strong winds just as hurricanes are factored into building codes in coastal areas, says a federal report examining the 2011 killer tornado in Joplin, Mo.
| Dec 10, 2013
Whistleblowers can now file complaints online with OSHA
Whistleblowers covered by one of 22 statutes administered by the Occupational Safety and Health Administration (OSHA) now will be able to file complaints online.
| Dec 4, 2013
Five U.S. cities leading on climate change initiatives
Houston, Salt Lake City, Miami, New York, and Los Angeles are five cities that are leading the way on preparing for climate change and extreme weather, according to a Center for American Progress report.
| Dec 4, 2013
Philadelphia City Council mulling bill requiring ID cards for construction workers
The Philadelphia City Council has held a series of hearings on a bill aimed at boosting the city's safety regulations in the wake of a deadly building collapse earlier this year.
| Dec 4, 2013
Changes completed on 2015 IECC provisions
The 2015 International Energy Conservation Code (IECC)—the code that serves as the model for states’ codes—has undergone final changes.
| Dec 4, 2013
Design-build makes gains along with more authorizing legislation
In 2009, more legislation authorizing design-build project delivery passed than in any year in Design Build Institute of America’s history.
