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
Codes and Standards | Jan 22, 2020
Potential energy savings from smart meters is largely unrealized
Most utilities underuse the technology that can help customers save money.
Codes and Standards | Jan 21, 2020
Contractors pay practices reviewed in new database
Fastest and slowest paying GCs revealed.
Codes and Standards | Jan 17, 2020
Several states with ambitious climate goals will have to restrict natural gas as a fuel
Buildings would have to heat and cook with electricity.
Codes and Standards | Jan 16, 2020
New solar-ready mandate affects commercial and residential buildings in St. Louis
All new buildings must have reserved rooftop sections for PVs.
Codes and Standards | Jan 15, 2020
Trump Administration blocks new light bulb efficiency standards
Move defies bipartisan 2007 law.
Codes and Standards | Jan 14, 2020
L.A.’s expedited permitting process credited with faster approvals on $1 billion project
Parallel Design-Permitting Process includes flagging elements for correction during conceptual design.
Codes and Standards | Jan 13, 2020
Kansas City is first in nation to offer free public transportation
Aim is to increase mobility to spur more economic activity.
Codes and Standards | Jan 9, 2020
Dept. of Defense will require beefed up cybersecurity standards in January
All contractors will have to demonstrate secure practices.
Codes and Standards | Jan 8, 2020
2019 Oregon Zero Energy Ready commercial code will boost efficiency by 14%
ASHRAE 90.1 is the basis for new code that went into effect Oct. 1.
Codes and Standards | Jan 8, 2020
Energy efficiency initiatives have significantly cut energy consumption per square foot
Lighting and space heating fell by more than 600 trillion Btu from 2003 to 2012.