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 30, 2011
Cement Industry Advocates For Environmental Regulatory Relief
EPA regulations impacting the cement industry could force the closure of 18 of the nearly 100 US cement plants and cost 4,000 manufacturing jobs .
| Sep 30, 2011
IRS Releases New Rule On Reclassifying Independent Contractors
The Internal Revenue Service (IRS) has a new Voluntary Classification Settlement Program that allows an employer to reclassify independent contractors as employees if those workers previously were misclassified.
| Sep 29, 2011
Illinois Grapples With Definition of ‘Clean’ Construction Debris
The Illinois Pollution Control Board holds hearings this week about construction debris rules proposed by the state Environmental Protection Agency.
| Sep 15, 2011
Alabama Prepares First Statewide Residential Building Code
Following a series of devastating tornadoes that ripped through Alabama on April 27th, the state is preparing to implement the first statewide building code for residential structures.
| Sep 15, 2011
New Label Established For Energy Efficient Doors in UK
The British Fenestration Ratings Council (BFRC) has established a labelling program for all types of domestic pedestrian doors.
| Sep 15, 2011
EPA Releases New High-Rise Residential Energy Star Rating
The U.S. Environmental Protection Agency recently announced an Energy Star rating for multi-family high-rise buildings.
| Sep 15, 2011
Bill Seeks To Spur Stronger Building Codes Nationwide
The Safe Building Code Incentive Act of 2011 would provide strong financial incentives for states to adopt and enforce strong building codes.
| Sep 15, 2011
New Federal Law Limits Amount of Formaldehyde in Wood
President Obama signed into law legislation that limits the amount of formaldehyde in wood. The new measure will impact particle board and other composite wood products .
| Sep 12, 2011
Living Buildings: Are AEC Firms up to the Challenge?
Modular Architecture > You’ve done a LEED Gold or two, maybe even a LEED Platinum. But are you and your firm ready to take on the Living Building Challenge? Think twice before you say yes.
| Sep 8, 2011
OSHA issues alert on incorrectly rebuilt circuit breakers
The Occupational Safety and Health Administration (OSHA) has issued a hazard alert, warning workers and employers of certain Eaton/Cutler-Hammer molded-case circuit breakers that were incorrectly rebuilt.