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
| May 25, 2012
Study: Safety inspections don’t hurt the bottom line
A new study suggests that random safety inspections by regulators help reduce injury claims without hurting profits.
| May 24, 2012
2012 Reconstruction Awards Entry Form
Download a PDF of the Entry Form at the bottom of this page.
| May 17, 2012
New standard for Structural Insulated Panels under development
ASTM International and NTA, Inc. are developing a new standard for Structural Insulated Panels (SIPs) that would create a path for U.S. manufacturers to meet the requirements of the Canadian building code.
| May 17, 2012
Webinar: ‘What Energy Codes and Standards Are Adopted Where and by Whom’
A June 12 webinar by the Construction Specifications Institute will outline what energy codes and standards have been adopted in each of the states for commercial buildings, and what is anticipated to be adopted in the future.
| May 17, 2012
California Governor orders new green standards on state buildings
California Gov. Jerry Brown issued an executive order recently that calls for all new or renovated state buildings of more than 10,000 sf to achieve LEED Silver or higher and incorporate clean, onsite power generation.
| May 17, 2012
New Zealand stadium roof collapse blamed on snow, construction defects
Heavy snowfall, construction defects, and design problems contributed to the collapse of the Stadium Southland roof in New Zealand in September 2010, a report has found.
| May 17, 2012
OSHA launches fall prevention campaign
The Occupational Safety and Health Administration (OSHA) recently launched an educational campaign to prevent deadly falls in the construction industry.
| May 15, 2012
Suffolk selected for Rosenwald Elementary modernization project
The 314-student station elementary school will undergo extensive modernization.
