The role of architects regarding accessibility compliance is being defined by litigation. Accessibility compliance is part of federal civil rights laws, and guidelines for compliance are written by the Architectural and Transportation Barriers Compliance Board (Access Board). Federal civil rights laws are litigated in federal court, making decisions by federal judges the law of the land.
Accessibility compliance is also part of building code and ICC/ANSI A117.1, and these are written by the International Code Council and municipal building officials. Building code is litigated in civil courts and the judge’s decision is only applicable to that case.
Accessibility non-compliance becomes visible after construction and occupancy. We now have attorneys that have specialized for years in construction defect litigation and who are starting to get their feet wet in accessibility non-compliance litigation. Accessibility non-compliance litigation is increasing each year.
The architect who provided the construction drawing will become a part of that lawsuit. When there are architectural drawings that are not in compliance, the architect will pay. That payment will include retrofit costs, legal fees, and legal costs, plus court costs. Another cost is the architect’s time spent addressing all these issues.
At ACCESS, we are finding more of our new clients have had or are currently having an unpleasant experience with a lawsuit regarding accessibility non-compliance. The same can be said for contractors.
Let us know your thoughts. You can post your comments here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/. You can also contact us at hfastad@accessts.net or call us at (702)649-7575.
The above are opinions of Hank Falstad , AIA, Managing Senior Associate of Access Technologies Service s, Inc. (ACCESS). See our web site for additional information: www.accessts.net.
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