The developer of a New Jersey condominium development and its architecture firm face a $10 million construction defect verdict in a case involving non-compliance with fire codes.
The Grandview I building on the Hudson River, developed by Hovnanian Enterprises’ subsidiary, K. Hovnanian and designed by RTKL New Jersey Architects, was alleged to have been built in a condition that was not compliant with fire codes. The plaintiff—the condominium association--alleges that the developer knew about the non-compliance and failed to disclose this fact with buyers.
According to the plaintiff’s attorneys, the architect designed the building with plywood subflooring and later warned the developer that to comply with code the structure would have to be reclassified from Type 2 to Type 3. The reclassification would have allowed plywood if the building’s exterior steel-with-brick-veneer walls were rebuilt with code-required masonry walls.
The building codes provide for five types of buildings, ranging from the most fire-resistant Type 1 — often a skyscraper — to Type 5, typically a wood-framed house. Defense attorneys argued that the plywood flooring was not a life-safety issue, since fire alarms and exits would allow all residents to safely vacate the building. The condo association's attorneys agreed that there was no threat to residents' lives, but that property could suffer more damage as a result of the code violation.
Related Stories
Codes and Standards | Jul 5, 2016
State legislature fails to pass law to extend design-build for New York City projects
Would have allowed five city agencies to use alternate delivery method.
Energy | Jun 30, 2016
Energy Department partnership with CoStar Group will study sustainability impact on property valuation
Database will offer rich data set on energy-efficient buildings in the U.S.
Contractors | Jun 30, 2016
Chicago contractor found guilty of fraud on city’s requirement on minority-owned businesses
Alleged to have been sham business in bid to win city public works contract.
Codes and Standards | Jun 29, 2016
OSHA starts evaluation of construction industry noise standards
New studies indicate significant number of construction workers suffer hearing loss.
Seismic Design | Jun 28, 2016
ASTM International updates seismic risk standards
Expected to improve consistency of risk evaluation on commercial real estate transactions.
Codes and Standards | Jun 17, 2016
Feds publish framework for evaluating public-private partnerships
No single factor determines whether a project yields stronger benefit as a P3.
AEC Tech | Jun 17, 2016
Driverless cars could soon start impacting commercial, retail project design
Offsite parking and more space for valet parking lines are among the foreseeable changes.
Codes and Standards | Jun 17, 2016
Bay State moves toward single BIM protocol on state projects
Massport’s guidelines a step forward for integrated BIM initiative.
Multifamily Housing | Jun 14, 2016
San Francisco voters approve tougher affordability requirement on new housing development
Critics charge that the measure may backfire and actually reduce new affordable units.
Concrete | Jun 13, 2016
American Concrete Institute releases new Guide to Shotcrete
Includes information on application procedures, testing.
