Darren Barker Identifies Key Aspects of Beacon v. Skidmore

Darren Barker discussed the Beacon v. Skidmore case at the Orange County Bar Association’s Construction Law Section Meeting on April 1, 2015 in Newport Beach. This case will continue to have major repercussions for design professionals working in California for years to come. In this segment, he stresses the importance of reporting construction defects to licensing boards before filing a lawsuit.

Click here to view other videos of Darren discussing this case. 

Attorney Darren Barker Discusses the Importance of Taking Timely Notes During Construction Conflicts

Darren Barker spoke on the “CA Supreme Court Decision Increases Litigation Exposure of Architects” panel at the American Institute of Architects (AIA) Orange County chapter’s January meeting, held January 14, 2015. The presentation focused on how the California Supreme Court decision in “Beacon Residential v SOM” expands an architect’s duty of care to future residential property owners, where there is no contractual relationship. In this segment, he stresses the importance of writing down the details of construction conflicts soon after they occur in order to help build a strong case down road in the event that litigation ensues.

Decision in Beacon May Adversely Impact Builders and Developers

The most populous state in the U.S., California has spent the past 25 years mired in construction defect litigation. This can largely be attributed to the proliferation of widespread residential development projects initiated to meet growing housing demands. It’s no surprise, then, that the Golden State has emerged as a trendsetter in the areas of construction insurance, liability analysis, and right to repair laws, as they relate to design professionals, contractors, builders and developers.

Design Professionals' Duty of Care Potentially Expanded with Beacon

Design professionals (architects, engineers) have largely been immune from third party negligence litigation.  The standard AIA contract has limited liability to the direct contracting parties, and has not historically recognized a duty to third party homeowners.  Since the design professionals have not been in direct contract with third party purchasers, generally no duty has been owed. (Read More)