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 18, 2013
New AISC design guide on structural stainless steel now available
For the first time in the U.S., design professionals now have an authoritative resource on structural stainless steel with AISC Steel Design Guide No. 27, Structural Stainless Steel.
| Sep 18, 2013
DBIA’s ‘Design-Build Done Right’ best practices project seeks industry input
The Design-Build Institute of America (DBIA) is seeking industry input on its project to create a design-build best practices document.
| Sep 11, 2013
USGBC Florida Chapter survey to help contractors adopt sustainable practices
Contractors in Florida could benefit from a data collection project by the state's chapter of the U.S. Green Building Council.
| Sep 11, 2013
Disability, vet hiring standards for contractors are goals, not quotas
Contractors that fall short of new federal hiring rules concerning veterans and disabled persons will not necessarily incur penalties, says Patricia Shiu, director of the Office of Federal Contract Compliance Programs.
| Sep 11, 2013
Sports stadium accidents suggest code updates may be necessary to prevent falls
Since 2000, at least three individuals have died as a result of falling from the upper decks of stadiums in the United States. In addition, eight non-fatal falls have occurred in stadiums and arenas over that time.
| Sep 11, 2013
White paper examines Joint Commission requirements for NFPA codes in healthcare
The healthcare industry has experienced great attention from The Joint Commission concerning fire and life safety issues.
| Sep 11, 2013
San Francisco expected to drop firefighter air tank refilling station rule for skyscrapers
San Francisco is poised to drop a requirement that skyscrapers have refill stations so firefighters can recharge their air tanks during a blaze. The city has required that new high-rises have the air refill systems for about ten years.
| Sep 5, 2013
State legislatures continue to raise the bar on green school construction
Since the beginning of 2013, the USGBC has followed more than 125 bills across 34 states that seek to advance healthy, high-performing schools.
| Sep 5, 2013
Construction industry groups create coalition to respond to new OSHA silica rule
A group of 11 construction trade associations has created the Construction Industry Safety Coalition in response to the Occupational Safety and Health Administration’s (OSHA) proposed rule on silica for the construction industry.
| Sep 5, 2013
Red tape delays California county jail construction projects
California authorized $1.2 billion for jail construction in 2007, but not a single county in the state has completed a jail project since then.