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
| Jan 18, 2012
Report analyzes residential hurricane codes in 18 states
The Insurance Institute for Business & Home Safety (IBHS) released a new report analyzing residential building codes in 18 hurricane-prone coastal states along the Gulf of Mexico and the Atlantic Coast.
| Jan 18, 2012
Death in Chicago high-rise apartment fire blamed on fire code
The death of a Chicago woman who stepped off her elevator into a blazing inferno last week has underscored the need for fire sensors in elevators.
| Jan 18, 2012
California approves open cell spray foam for energy efficiency standards
The California Energy Commission (CEC) now recognizes open-cell spray foam as an accepted insulation in its 2008 Building Energy Efficiency Standards.
| Jan 5, 2012
Building to LEED standards now an 'easy call' from cost standpoint
Once seen as a cost burden, building to LEED standards is now an "easy call," according to Dan Probst, chairman of energy and sustainability for real estate management and development firm Jones Lang LaSalle.
| Jan 5, 2012
Minnesota's GreenStep Cities program aids communities in winning grants
GreenStep Cities, a Minnesota initiative, was designed to provide greater recognition to the state's communities for achievements in meeting sustainability standards and goals.
| Jan 5, 2012
Some ADA accessibility rules change in 2012
Some changes to the Americans with Disabilities Act go into effect beginning March 15, 2012.
| Jan 5, 2012
Ontario's stringent energy code has builders concerned over indoor air quality
Some Ontario builders are worried that new building code requirements with stricter energy efficiency measures could lead to poor indoor air quality.
| Jan 5, 2012
New law bars Defense Department from new LEED certifications
The Defense Department will not be allowed to use any money to certify its buildings LEED Gold or Platinum, under a law President Obama signed Dec. 31.
| Jan 5, 2012
Some ADA accessibility rules change in 2012
Some changes to the Americans with Disabilities Act go into effect beginning March 15, 2012.
| Jan 3, 2012
New SJI Rule on Steel Joists
A new rule from the Steel Joist Institute clarifies when local reinforcement of joists is required for chord loads away from panel points. SJI members offer guidance about how and when to specify loads.
