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
| Sep 1, 2011
EPA Says Additional Lead Paint Cleaning Rules Not Necessary
The EPA has concluded that current Lead: Renovation, Repair, and Painting Program (LRRP) cleaning requirements and lead-safe work regulations are sufficient to protect the public from lead dust hazards. “Our members have been instrumental in contacting legislators to detail the detrimental impact of the current LRRP," says Richard Walker, American Architectural Manufacturers Association’s president and CEO. “This collective industry voice has prompted the EPA to make the responsible decision to refrain from adding further, unnecessary costs to homeowners under the current economic climate."http://www.aamanet.org/news/1/10/0/all/603/aama-commends-its-members-congress-for-vacating-lrrp-clearance-rule
| Aug 11, 2010
Best AEC Firms of 2011/12
Later this year, we will launch Best AEC Firms 2012. We’re looking for firms that create truly positive workplaces for their AEC professionals and support staff. Keep an eye on this page for entry information. +