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
| May 17, 2012
New Zealand stadium roof collapse blamed on snow, construction defects
Heavy snowfall, construction defects, and design problems contributed to the collapse of the Stadium Southland roof in New Zealand in September 2010, a report has found.
| May 17, 2012
OSHA launches fall prevention campaign
The Occupational Safety and Health Administration (OSHA) recently launched an educational campaign to prevent deadly falls in the construction industry.
| May 15, 2012
Suffolk selected for Rosenwald Elementary modernization project
The 314-student station elementary school will undergo extensive modernization.
| May 10, 2012
Chapter 6 Energy Codes + Reconstructed Buildings: 2012 and Beyond
Our experts analyze the next generation of energy and green building codes and how they impact reconstruction.
| May 10, 2012
Resilience should be considered a sustainability factor
Since a sustainable building is one you don't have to rebuild, some building sustainability experts believe adding points for "resilience" to storms and earthquakes to the LEED sustainability rating tool makes sense.
| May 10, 2012
University of Michigan research project pushes envelope on green design
A research project underway at the University of Michigan will test the potential of intelligent building envelopes that are capable of monitoring weather, daylight, and occupant use to manage heating, cooling, and lighting.
| May 10, 2012
Fire suppression agents go greener
Environmental sensitivity is helping to drive adoption of new fire suppression agents.
| May 10, 2012
Industry groups urge Congress to leave contracting decisions to agencies
An organization of several industry groups urged Congress to leave many contracting decisions to the discretion of individual agencies by avoiding blanket mandates.
| May 10, 2012
OSHA proposes new rule to have employers find and fix hazards
The Occupational Safety and Health Administration has proposed a new regulation, Injury and Illness Prevention Program, or I2P2, which would compel employers to find and fix safety hazards.
