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
| Aug 21, 2014
Meeting to finalize amendments to green property underwriting standard
The National Public Meeting for Resiliency + Infrastructure Consensus Underwriting Standard Amendments will take place September 16, from 9 a.m.-12p.m. at Perkins+Will, 1250 24th St. NW, Washington, DC in the World Wildlife Fund Building.
| Aug 21, 2014
American Iron and Steel Institute revises 14 test standards
The American Iron and Steel Institute (AISI) published 14 revised test standards in its S900-series.
| Aug 14, 2014
Mississippi county rejects adoption of state building code
The county board of supervisors voted unanimously to opt out of the state building code.
| Aug 14, 2014
Boards at odds over North Carolina county’s CM-at-Risk policy
Some local small contractors are not pleased with the school board’s CM-at-Risk policy that was instituted in 2007. The county’s board of commissioners has offered a sympathetic ear to their complaints
| Aug 14, 2014
2014 National Electrical Code now effective in 12 states; 11 more to come online by January
The National Fire Protection Association (NFPA) says that the 2014 edition of the National Electrical Code(NEC) is now effective in 12 states: Alabama, Colorado, Idaho, Maine, Massachusetts, Minnesota, New Mexico, Rhode Island, South Dakota, Vermont, Washington and Wyoming.
| Aug 14, 2014
CDC report highlights need for heat acclimatization to prevent worker deaths
CDC supports OSHA’s analysis suggesting that the primary risk factor for heat fatalities is the lack of acclimatization programs.
| Aug 8, 2014
California revives study of earthquake faults
California reinstituted an ambitious plan to study dangerous earthquake faults and create zoning maps that could restrict development.
| Aug 6, 2014
Loudoun County, Virginia may dump green building requirements
Loudoun County, Va., supervisors may do away with a county policy that requires LEED Silver certification on new county buildings.
| Aug 6, 2014
$300 million mixed-use project in Chicago’s medical district wins key approval
The Illinois Medical District Commission approved a 1.16 million-sf, $300 million mixed-use project in Chicago’s Illinois Medical District.
| Aug 4, 2014
Facebook’s prefab data center concept aims to slash construction time in half
Less than a year after opening its ultra-green, hydropowered data center facility in Luleå, Sweden, Facebook is back at it in Mother Svea with yet another novel approach to data center design.
