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 13, 2012
So-called fiscal cliff is already affecting construction jobs, AGC finds
In November, the construction industry shed 20,000 jobs and its unemployment rate reached 12.2%, according to an analysis by the Associated General Contractors of America.
| Dec 13, 2012
New York City poised to enact recycling mandate for multi-family dwellings
New York City lags behind other large cities in recycling with only 15% of residential trash being recycled. A new bill passed by the City Council aims to improve the rate by changing how new apartment buildings are constructed.
| Dec 13, 2012
Pima County, Ariz. officials say improved code enforcement scores will help lower insurance bills
Insurance Service Office, Inc. (ISO) recently analyzed building codes and enforcement and found that Pima County, Ariz., consistently outscored comparable jurisdictions in Arizona and the nation.
| Dec 13, 2012
D.C. aims to be a green leader with new building codes
The District of Columbia has released a revised set of building codes to make it a leader in green construction.
| Dec 7, 2012
Georgia court limits contractors’ ability to foreclose on liens
The Georgia Court of Appeals ruled in 182 Tenth, LLC v. Manhattan Construction Company that lien claimants such as contractors, subcontractors, and materialmen, may not foreclose on a lien that includes unpaid general condition costs.
| Dec 7, 2012
San Francisco real estate records will include ‘green labels’
Ecologically-sustainable building practices, or “green labels,” will now be included on official land records maintained by San Francisco.
| Dec 7, 2012
Tokyo’s Green Building Program has reduced power consumption by 20%
Tokyo city officials calculate that its Green Building Program reduced energy consumption by 20% since its inception, a statistic they identify as the reason the power stayed on during the 2011 earthquake.
| Dec 7, 2012
New flexible options make achieving LEED certification easier on projects outside the US
A new set of Global Alternative Compliance Paths, or Global ACPs, are now available for all commercial projects pursuing LEED green building certification using the 2009 versions of the rating systems.
