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 | May 15, 2019
OSHA inspections to increase, says Secretary of Labor
Newly hired inspectors getting up to speed.
Codes and Standards | May 14, 2019
Database records more than 1,360 K-12 school shooting incidents since 1970
Naval Postgraduate School program maps locations nationwide.
Codes and Standards | May 13, 2019
In many cities, downtown housing comes with a hefty premium
Urban core living costs hundreds of thousands more in largest U.S. cities.
Codes and Standards | May 7, 2019
San Francisco plan would require largest commercial buildings to use 100% renewable electricity
First in the U.S. mandate would be phased in from 2022 to 2030.
Codes and Standards | May 7, 2019
ABC says best practices can improve construction companies’ safety by 680%
Daily ‘toolbox safety talks’ were most effective safety measures.
Codes and Standards | May 7, 2019
Office noise significantly reducing employee concentration, productivity, and creativity
Workplace distractions cause some to choose to work remotely.
Codes and Standards | May 7, 2019
WSP USA says it will be carbon neutral in 2019
Engineering firm will offset carbon at all offices and with employee business travel.
Codes and Standards | Apr 25, 2019
Report: Contractors invest $1.6 billion in workforce development annually
ABC members increased training spending 45% from 2013, according to a new report.
Codes and Standards | Apr 25, 2019
New York City’s Green New Deal would ban all-glass skyscrapers
The ambitious plan would also boost affordable housing, reduce building emissions, and update codes to account for sea level rise.
Codes and Standards | Apr 25, 2019
Chicago, Houston, and Dallas deemed ‘most dangerous cities for migratory birds’
The three cities are in the heart of North America’s most trafficked aerial corridors.
