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 | Mar 5, 2015
Construction problems at prison spur support to quash non-traditional project delivery in Iowa
Iowa lawmakers are investigating construction problems at the Fort Madison prison project and are scrutinizing rules regarding project delivery on state projects.
Codes and Standards | Mar 5, 2015
AEC industry groups look to harmonize green building standards, codes
The USGBC, ASHRAE, ICC, IES, and AIA are collaborating on a single green code.
Codes and Standards | Mar 2, 2015
Nevada moves to suspend prevailing wage rules on school projects
The Nevada Senate approved a bill that would suspend prevailing wage rules on school projects.
Codes and Standards | Mar 2, 2015
Proposed energy standard for data centers, telecom buildings open for public comment
The intent of ASHRAE Standard 90.4P is to create a performance-based approach that would be more flexible and accommodating of innovative change.
Codes and Standards | Feb 22, 2015
Louisiana officials critical of stricter building standards in flood-prone areas
Buildings would have to be built either two or three feet above the base flood elevation for a 100-year flood or above the base elevation for a 500-year flood.
Codes and Standards | Feb 18, 2015
Buildings with rocking steel-braced frames are advantageous in earthquakes
Research at Case Western Reserve University has found that buildings that rock during an earthquake and return to plumb would withstand seismic shaking better than structural designs commonly used today in vulnerable zones of California and elsewhere.
Codes and Standards | Feb 18, 2015
USGBC concerned about developers using LEED registration in marketing
LEED administrators are concerned about a small group of developers or project owners who tout their projects as “LEED pre-certified” and then fail to follow through with certification.
Codes and Standards | Feb 12, 2015
ASHRAE, USGBC, IES consider biomass requirements in green building standard
The proposal would add biomass to approved renewables.
Codes and Standards | Feb 12, 2015
New Appraisal Institute form aids in analysis of green commercial building features
The Institute’s Commercial Green and Energy Efficient Addendum offers a communication tool that lenders can use as part of the scope of work.
Codes and Standards | Feb 8, 2015
ASHRAE, IAQA approve consolidation
Under the consolidation, IAQA will become a part of the ASHRAE organization while maintaining its own brand and Board of Directors.
