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 28, 2013
OSHA moves to reduced exposure to crystalline silica
Under a proposal from the Occupational Safety and Health Administration, the new permissible exposure limit to crystalline silica per cubic meter of air could be changed from 250 micrograms to 50 micrograms.
| Aug 28, 2013
IPMSC chooses members of committee for global property measurement standard
The International Property Measurement Standards Coalition (IPMSC) has selected 19 real estate experts from around the world to join its Standards Setting Committee to develop a global standard for measuring property.
| Aug 20, 2013
Code amendment in Dallas would limit building exterior reflectivity
The Dallas City Council is expected to vote soon on a proposed code amendment that would limit a building’s exterior reflectivity of “visible light” to 15%.
| Aug 20, 2013
Developers of Hollywood skyscraper will dig to see if earthquake fault is on site
New York-based Millennium Partners have agreed to dig a trench on a Hollywood, Calif., property to help determine whether an earthquake fault runs under it.
| Aug 20, 2013
Chinese-made resilient flooring products achieve FloorScore Indoor Air Quality certification
Five of China's leading manufacturers of resilient flooring recently received FloorScore Indoor Air Quality certification from SCS Global Services for their luxury vinyl tile (LVT) products.
| Aug 20, 2013
Florida to get $1 million federal grant to study sinkhole vulnerability
The Florida Geological Survey and the state’s emergency department will receive a $1.08 million federal grant to study sinkhole vulnerability.
| Aug 20, 2013
L.A. City Council approves plan for new $1 billion Watts development
Los Angeles city officials have voted to revitalize a notorious Watts housing project with shops, town homes, and green spaces.
| Aug 19, 2013
Baltimore City Council committee OKs taxpayer assistance for $1.8 billion Harbor Point mixed-use project
A Baltimore City Council committee approved a plan to give millions in taxpayer assistance to the $1.8 billion Harbor Point development.
| Aug 19, 2013
Philadelphia to enforce building energy benchmarking in October
The City of Philadelphia has begun to send out compliance notices regarding its Building Energy Benchmarking Law.
| Aug 19, 2013
Eliminating Fannie Mae, Freddie Mac part of Obama’s housing proposal
President Barack Obama this month outlined a series of policies he said would continue to boost the housing market, including a long-ignored legislative proposal that would allow more Americans to refinance at current low mortgage rates.
