May 2013

By John W. Egan

One common misconception about the design and construction requirements of the Americans with Disabilities Act (ADA) is that historical landmarks are exempt.  Another is that the ADA does not apply when an element is merely replaced.  A recent decision by a New Hampshire federal court dispels both of these notions.

At issue in Davis v. John
Continue Reading Historical Restoration Project Not Exempt from ADA Accessibility Requirements

By: Kristina Launey

Businesses in California have for years struggled to comply with both California’s Title 24 accessibility standards for buildings and the federal standards under the Americans with Disabilities Act (ADA) because those standards differed in many respects.  The differences became even more pronounced after the Department of Justice adopted the 2010 ADA Standards for accessible facilities.  Inconsistencies with
Continue Reading 2013 CA Building Code Will Finally Bring CA Accessibility Construction Standards Closer to Consistency With Federal ADA Standards

By Minh N. Vu

Owners of commercial facilities and developers of multifamily housing should take note of an alarming trend:  Some courts are not allowing owners and developers to sue their architects and consultants for designing facilities that do not comply Americans with Disabilities Act (ADA) and Fair Housing Act (FHA) accessibility requirements.

The most recent case on this subject
Continue Reading Some Courts Say That Owners Cannot Sue Their Architects and Consultants for Designing Noncompliant Facilities