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
| Jan 26, 2012
Earthquake 'fuse' could save buildings during temblors
The idea is to use an earthquake "fuse" that can prevent the tiny fractures and warps that make structures unsafe after a quake and very expensive to repair.
| Jan 26, 2012
HPD open materials standard for green building materials gains momentum
GreenWizard, provider of a cloud-based product management and project collaboration software, is the latest industry participant to sign on
| Jan 26, 2012
Siemens launches smoke detection knowledge center
New knowledge center web site demonstrates efficacy of smoke detection.
| Jan 18, 2012
Chile's seismic code upgrades credited with saving lives in 2010 quake
Since 1960, when Chile suffered a 9.5 magnitude quake, the largest ever recorded; the country has steadily improved building codes to protect lives and property.
| Jan 18, 2012
Report analyzes residential hurricane codes in 18 states
The Insurance Institute for Business & Home Safety (IBHS) released a new report analyzing residential building codes in 18 hurricane-prone coastal states along the Gulf of Mexico and the Atlantic Coast.
| Jan 18, 2012
Death in Chicago high-rise apartment fire blamed on fire code
The death of a Chicago woman who stepped off her elevator into a blazing inferno last week has underscored the need for fire sensors in elevators.
| Jan 18, 2012
California approves open cell spray foam for energy efficiency standards
The California Energy Commission (CEC) now recognizes open-cell spray foam as an accepted insulation in its 2008 Building Energy Efficiency Standards.
| Jan 5, 2012
Building to LEED standards now an 'easy call' from cost standpoint
Once seen as a cost burden, building to LEED standards is now an "easy call," according to Dan Probst, chairman of energy and sustainability for real estate management and development firm Jones Lang LaSalle.
| Jan 5, 2012
Minnesota's GreenStep Cities program aids communities in winning grants
GreenStep Cities, a Minnesota initiative, was designed to provide greater recognition to the state's communities for achievements in meeting sustainability standards and goals.
| Jan 5, 2012
Some ADA accessibility rules change in 2012
Some changes to the Americans with Disabilities Act go into effect beginning March 15, 2012.
