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
| Dec 12, 2011
DOE makes 2010 ASHRAE energy standard the reference for state energy codes
The U.S. Department of Energy (DOE) issued a ruling that establishes the 2010 American Society of Heating, Refrigerating and Air-Conditioning Engineers’ (ASHRAE’s) 2010 energy efficiency standard as the commercial building reference standard for state building energy codes.
| Dec 1, 2011
Chinese cabinet approves regulation to prevent fraud in construction bidding
China’s State Council approved a regulation to standardize bidding processes for construction and other business-related projects in order to prevent fraud and misconduct.
| Dec 1, 2011
More stringent efficiency codes driving growth in green building industry
Thanks partly to upgraded building codes, the building energy efficiency market will soar more than 50% between now and 2017 to $103.5 billion, according to Pike Research.
| Dec 1, 2011
Safety tracking tool helping prevent injuries at World Trade Center site
Since putting in place their Safety Management Systems Tracking Tool three years ago, risk managers for the World Trade Center project in New York say they've seen workplace injuries, reported hazards, and workers compensation claims decline.
| Dec 1, 2011
OSHA releases new construction safety videos
OSHA released new safety videos to offer both employers and workers brief, easy-to-understand education about construction safety.
| Dec 1, 2011
GSA Region 5 BIM standards could set national agenda in government contracting
Learning how the GSA wants to work with contractors using Building Information Models (BIM) will dramatically improve your odds of winning federal work.
| Nov 23, 2011
Fenestration council seeks committee members
The National Fenestration Rating Council (NFRC) is seeking members for a committee to pursue recognition of its ratings procedures from the American National Standard Institute (ANSI).
| Nov 23, 2011
Obama signs repeal of 3% withholding on government contracts
President Obama signed a bill that repeals a law requiring governments to withhold 3% of payments over $10,000 to contractors.
| Nov 23, 2011
USGBC launches app lab for LEED certification process
The U.S. Green Building Council has released the App Lab, a searchable catalog of third-party apps that are integrated with LEED data.
| Nov 23, 2011
Document gives advice on stormwater runoff management
The report, “Rooftops to Rivers II,” provides tips on how cities can use smart infrastructure and green building design to minimize pollution from stormwater runoff and other wastewaters.
