Tag Archives: negligence

California Supreme Court Addresses Architect’s Duty of Care

The California Supreme Court issued a unanimous decision in Beacon Residential Community Association v. Skidmore, Owings & Merrill, S208173, on July 3, upholding a homeowners association’s right to pursue a common law negligence claim against the project architects of a 595-unit condominium project in San Francisco.

Building on substantial case law and the common law principles on which it is based, we hold that an architect owes a duty of care to future homeowners in the design of a residential building where, as here, the architect is a principal architect on the project — that is, the architect, in providing professional design services, is not subordinate to other design professionals. The duty of care extends to such architects even when they do not actually build the project or exercise ultimate control over construction.

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City Not Liable In Crane Collapse

In 2008, a crane operator and a construction worker were killed when a construction crane collapsed on the east side of Manhattan. The decedents’ estates brought suit against the project owner, the construction manager and the crane operator. The three construction defendants asserted cross-claims against the City of New York seeking indemnification and contribution on the grounds that the City failed in its duty to keep the construction site safe.

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