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 | Apr 19, 2019
Notre Dame fire highlights danger of renovating historic structures
The devastating fire at Notre-Dame de Paris is the latest blaze to damage or destroy historic buildings while undergoing renovations. It highlights how vulnerable such structures are to fire while undergoing repairs.
Codes and Standards | Apr 19, 2019
Developers and owners can now join AIA 2030 Commitment
Organization offers tools and resources for working toward net-zero design.
Codes and Standards | Apr 19, 2019
New method of manufacturing cement removes CO2 from the air
Breakthrough could have significant impact on reducing greenhouse gas emissions.
Codes and Standards | Apr 12, 2019
Deadline nears on New York City sprinkler requirement for tall office buildings
The mandate applies to all buildings regardless of when constructed.
Codes and Standards | Apr 8, 2019
LEED v4.1 now available for cities, communities, residential/homes
The rating system emphasizes performance monitoring, fully integrated design, social equity, and human health.
Market Data | Apr 8, 2019
Engineering, construction spending to rise 3% in 2019: FMI outlook
Top-performing segments forecast in 2019 include transportation, public safety, and education.
Codes and Standards | Apr 5, 2019
Manhattan expected to adopt congestion pricing plan for automobiles
New York would be first U.S. city to charge drivers extra for downtown motoring.
Codes and Standards | Apr 4, 2019
Chicago makes major building code overhaul
Previous comprehensive changes were done 70 years ago.
Codes and Standards | Apr 3, 2019
Construction advanced materials makers can enhance industry efficiency with technology
Integration of new IT approaches in construction with new materials has potential to enhance sustainability, alleviate worker shortage.
Codes and Standards | Apr 2, 2019
Open offices reduce collaboration among employees
Counterintuitive finding makes value of wide open workspaces questionable.