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
| Apr 24, 2013
BOMA’s 360 Performance Program approaches 600 building designees
The Building Owners and Managers Association (BOMA) International conferred the BOMA 360 Performance Program® designation upon 44 properties in major commercial real estate markets across the U.S. in the first quarter of 2013.
| Apr 24, 2013
New Mexico court strikes down move to repeal energy codes
The New Mexico State Court of Appeals struck down an attempt to repeal energy-efficient building codes.
| Apr 24, 2013
Los Angeles may add cool roofs to its building code
Los Angeles Mayor Antonio Villaraigosa wants cool roofs added to the city’s building code. He is also asking the Department of Water and Power (LADWP) to create incentives that make it financially attractive for homeowners to install cool roofs.
| Apr 17, 2013
Army's FY 2014 $130 billion budget includes $2.3 billion for construction
The U.S. Army submitted a $129.7 billion budget for fiscal year 2014, $2.3 billion of which is allocated for military construction, army family housing, and base realignment and closure.
| Apr 17, 2013
Leonardo Academy to develop sustainability master plan standard
Leonardo Academy launched the development of a standard for sustainability master plans using the American National Standards Institute (ANSI) process to define sustainability goals and achievements for regions, states and campuses.
| Apr 17, 2013
Fenestration Council allows some shading system, dynamic glazing to be rated for U-Factor
The National Fenestration Rating Council (NFRC) approved changes to its NFRC 100 and NFRC 200 standards, allowing certain shading devices to be rated for U-factor and Solar Heat Gain Coefficient.
| Apr 17, 2013
LEED 2009 quarterly interpretations, addenda now available
Quarterly interpretations and addenda to the LEED 2009 rating systems and reference guides are now available.
| Apr 17, 2013
DOE’s Lawrence Berkeley Lab researchers developing new indoor air pollution standards
The U.S. Department of Energy’s Lawrence Berkeley National Laboratory (Berkeley Lab) researchers are working on new building standards after discovering previously unknown indoor air pollutants.
| Apr 16, 2013
RMJM acquired by Duthus Investments for £12 million
Sir Fraser Morrison, the owner and chairman of architect RMJM, is the backer behind the investment firm that bought RMJM for £11m in late March.
| Apr 10, 2013
ASHRAE publishes second edition to HVAC manual for healthcare facilities
The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) has published a second edition of its “HVAC Design Manual for Hospitals and Clinics.”
