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With ADA, It’s ‘Buyer Beware’ Avoiding problems with new construction
means asking the RIGHT QUESTIONS of architects and contractors |
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By Joan Stein and Carol Cocuzzi Building owners and facility executives rely on the guidance and knowledge of architects and contractors when buildings are being constructed or renovated. Confidence in the architect’s or contractor’s
ability to meet all applicable codes and regulations is usually a given. Just to be safe, of course, contracts include
the clause “must comply with all applicable codes and regulations” to be sure all the bases are covered. |
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Since passage of the Americans with Disabilities Act (ADA) in 1990 and the implementation of Americans with Disabilities Act Accessibility Guidelines, or ADAAG, some building owners and facility executives have inserted specific references to nondiscrimination and compliance with the ADA into contract language. On the surface, this seems to offer all the
protection needed. ADA is a federal law; it’s easy to assume that all architects and contractors must comply with it and fully understand it. But in real life, things aren’t so simple. Consider incidents like these: · The design professional submits plans for the renovation or construction to the appropriate regulatory agency for approval. Municipal, city or state officials review the plans and refuse to approve them because of noncompliant items under ADA, including significant elements of the project (entrances, interior access, rest
rooms, etc.). The impact on the project timeline and budget is substantial. · The designer gets approval of the plans, which were designed in
accordance with ADA. However, due to contractor errors or omissions related to ADA, the occupancy permit is denied following on-site review. Once again, the impact on the project
timeline and budget is substantial. · Either the architect or contractor makes errors related to ADA
requirements, but the errors are not caught at either the plan review or the on-site inspection. The project is completed on time and within budget. But within 10 days, the ADA
complaints begin: parking problems, stairs at entrances, doorways and, often, bathrooms. At first, the response to those complaints is that they can’t be valid. How could a new building be completed if it did not follow “code”? NOT A CODE One problem with that response is ADA is not a building code; it is a civil rights law. Although much of it is predicated on ANSI and other
building code formats, the reality is that complaints of noncompliance can be initiated solely on the perception of
discrimination. But most ADA complaints aren’t just a matter of perception; they involve failure to meet the requirements
spelled out in ADAAG. Whose responsibility is it to meet
those requirements?
Ultimately,
responsibility falls to the building owner. Other construction professionals may also be
liable, but that doesn’t mean the building owner has no responsibility. To be an informed buyer of architecture
and contracting services, the best approach to take is “buyer beware.” |
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