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 | Feb 24, 2022
Most owners adapting digital workflows on projects
Owners are more deeply engaged with digital workflows than other project team members, according to a new report released by Trimble and Dodge Data & Analytics.
Codes and Standards | Feb 21, 2022
More bad news on sea level rise for U.S. coastal areas
A new government report predicts sea levels in the U.S. of 10 to 12 inches higher by 2050, with some major cities on the East and Gulf coasts experiencing damaging floods even on sunny days.
Codes and Standards | Feb 21, 2022
New standard for ultraviolet germicidal irradiation
The Illuminating Engineering Society (IES) recently introduced the standard, ANSI/IES RP-44-21 Recommended Practice: Ultraviolet Germicidal Irradiation.
Wood | Feb 18, 2022
$2 million mass timber design competition: Building to Net-Zero Carbon (entries due March 30!)
To promote construction of tall mass timber buildings in the U.S., the Softwood Lumber Board (SLB) and USDA Forest Service (USDA) have joined forces on a competition to showcase mass timber’s application, commercial viability, and role as a natural climate solution.
Codes and Standards | Feb 18, 2022
Proposal would make all new buildings in Los Angeles carbon-neutral
Los Angeles may become the next large city to ban fossil fuels from new construction if legislation recently introduced in the city council becomes law.
Codes and Standards | Feb 18, 2022
U.S. Army outlines ambitious renewable energy and decarbonization goals
Net-zero emissions in all procurements and a microgrid at every base among aims.
Codes and Standards | Feb 17, 2022
Pandemic won’t alter urban planning
City planners focused on returning to ‘old normal’.
Codes and Standards | Feb 16, 2022
California court rules affordable housing developers exempt from local zoning
Case could set precedent on state law that overrides local rules.
Codes and Standards | Feb 15, 2022
FORTIFIED resiliency standard expanded to include multifamily sector
Voluntary, beyond-code program aims to protect buildings from severe weather.
Codes and Standards | Feb 10, 2022
Number of Americans at risk of flooding to double in 30 years
Most new risk from new development, not climate change.