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Court confirms designers may be liable to HOAs for defects under tort law and SB 800

A new California appellate court opinion (Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP et al), issued December 13, 2012, confirms that construction design professionals may be held liable to third parties, including homeowners associations, for defects resulting from design decisions. The court held that both common law negligence and California's construction defect statute SB 800 could support a claim.

The Beacon case confirms that designers can be held liable for defects regardless of their level of "control" over the construction process, and that they also may be held liable pursuant to an SB 800 claim.

Our article more thoroughly detailing the opinion can be viewed at our website, here.

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