CA Supreme Court Decision Changes the Construction Defect Game by Increasing the Litigation Exposure of Design ProfessionalsPDF Intermountain Construction Defect & Dispute Conference
T. Darren Barker spoke at the 1st Annual Intermountain Construction Defect & Dispute Conference on “CA Supreme Court Decision Changes the Construction Defect Game by Increasing the Litigation Exposure of Design Professionals.”
The California Supreme Court decision in Beacon Residential v. SOM expands a design professional’s duty of care to future residential property owners, where there is no contractual relationship. The case generally holds that design professionals will owe this duty of care in negligence to future homeowners. However, the case has potential applicability beyond residential construction, and could include all facets of California Construction. Moreover, the protected class of individuals to whom a duty of care is owed by design professionals could be further expanded beyond future homeowners to include builders, contractors and other design professionals.
This presentation covered the factual background of the case; how the court arrived at its finding; how the case is applicable to California design professionals; and how this potential liability will impact the future of construction business.
At the conclusion of this session, attendees learned:
- How the California Supreme Court decision will impact ongoing construction business;
- How the California Supreme Court decision creating a duty to future homeowners can be expanded to commercial construction; and how the duty of care can be expanded to include other construction professionals; and
- How parties involved in construction can best protect themselves from this new potential liability.