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
| Jul 16, 2014
Massive $6.5 billion Silicon Valley development gets key city approval
The Santa Clara (Calif.) City Council approved the next steps for a massive development project next to Levi’s Stadium, the new home of the San Francisco 49ers.
| Jul 11, 2014
California Supreme Court rules that architects can be sued by condo association
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.
| Jul 10, 2014
Latest construction accident fatality statistics reverse trend of declining deaths
The latest data on construction site fatalities for 2012 shows a rise in the death rate to 9.9 per 100,000 workers after 2011 had reached a recent low of 9.1 per 100,000, according to an analysis of data by the AFL-CIO.
| Jul 10, 2014
EPA seeking public comments on site contamination rules
The Environmental Protection Agency (EPA) is accepting public comment on its proposal to eliminate the dual standard for compliance with rules pertaining to testing of land that may have been contaminated by chemical pollution.
| Jul 10, 2014
Southern California city considers new water fee for developers
A persistent drought in Southern California could lead to a water fee for new construction projects in Ventura.
| Jul 1, 2014
$1 billion master planned development in California clears key hurdle
Plans for a new section of the proposed $1 billion La Entrada master-planned community in Coachella, Calif., moved ahead after the developer and city council agreed that the plan would include 500 affordable housing units.
| Jul 1, 2014
Dept. of Labor reaches settlement for $5 million in back wages for workers on federally assisted project
The U.S. Department of Labor and MDG Design & Construction LLC have reached a settlement over wage violations at the federally-assisted 26-story Grand Street Guild rehab project in New York City’s Lower East Side.
| Jul 1, 2014
GSA, Homeland Security research leads to performance-based design guide
The National Performance Based Design Guide, based on research and development supported by the Science & Technology Directorate of the Department of Homeland Security and the Public Buildings Service of the General Services Administration, is now available.
| Jul 1, 2014
FEMA grant helps fund school theater that will double as tornado safe room
Scott City School District in Missouri recently broke ground on an 8,990-sf performing arts theater that will also function as a tornado safe room.
| Jun 30, 2014
Research finds continued growth of design-build throughout United States
New research findings indicate that for the first time more than half of projects above $10 million are being completed through design-build project delivery.
