Architects have something new to worry about. The California Supreme Court ruled that two large firms, Skidmore, Owings & Merrill (SOM) and HKS Architects, could be forced to pay damages to an association of condominium owners who claimed their apartments were too hot—years after the developer rejected the architects’ recommendation to use low-E glass.

The case has yet to go to trial, but the decision may open the door to lawsuits by property owners who are unhappy about design decisions made at the request of previous owners.

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In prior cases, California courts had ruled that an architect owes no duty of care to “downstream” users. This time, the court held that such a duty exists, in part because architects, in the court’s view, are uniquely qualified to choose the right building materials. The decision cleared the way for the six-year-old lawsuit to move forward. Says Kubany, “I am confident that SOM will be fully vindicated at trial.” Perhaps. But the court’s ruling will affect many other firms. R. Craig Williams, a principal of HKS (and the firm’s chief legal officer), says that the decision means that HKS “should have known better than do what the client demanded.” Kurt Cooknick, the Director of Regulation and Practice of the AIACC, agrees: “The architect will be put in a bad position if the current client wants him to do something that will affect the downstream owner.”