Construction Projects and ADA Accessibility Compliance

Drafting Design and Construction Contracts to Manage ADA Risks

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Tuesday, May 21, 2013

Recorded event now available

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Course Materials

This CLE course will update construction counsel on the latest ADA requirements applicable to new and modified construction projects. The panel will provide guidance for drafting design and construction contract provisions to minimize the risks of noncompliance with ADA requirements.

Description

The Department of Justice adopted the ADA Standards for Accessible Design in 2010 but allowed developers and owners an extensive transition period. As of Mar. 15, 2012, all construction projects and modifications must comply with the new ADA standards.

Standard design and construction contracts usually do not specifically address ADA compliance concerns. Thoughtful and strategic contract negotiations that directly address and allocate liability for ADA claims to project participants are key to mitigating risk of loss.

Through carefully drafted provisions addressing the applicable standard of care, warranty, change order procedures, price adjustment clauses and indemnification, counsel to owners, design professionals, and contractors can anticipate and proactively address future risks of ADA noncompliance and minimize disputes.

Case law has emerged recently that directly impacts project participants' indemnification and contribution rights, finding that these rights, granted by state law, can be preempted by the ADA. Counsel advising owners, design professionals and contractors must understand the implications of these recent cases on construction contracts.

Listen as our authoritative panel reviews the new and revised ADA compliance requirements for new and altered construction projects, explains who is covered, and offers best practices for drafting design and construction contracts to protect against noncompliance with ADA requirements.

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Outline

  1. Overview of the new and revised ADA Accessibility Standards
  2. Construction projects subject to the Standards
  3. New case law on indemnity
  4. Best practices for drafting design and construction contracts to manage risks of ADA noncompliance

Benefits

The panel will review these and other key questions:

  • What are the new and revised compliance requirements of the ADA Standards for Accessible Design?
  • What types of construction projects are covered by the Standards?
  • How does recent case law affect the drafting of design and construction contracts to protect against noncompliance with the ADA accessibility requirements?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Jean Weil
Jean Weil
Partner
Weil & Drage

She has been a construction litigation specialist for 25 years. In addition to trial practice, her experience includes...  |  Read More

Eric A. Grasberger
Eric A. Grasberger
Partner
Stoel Rives

He focuses his practice on development and construction law, including development risk analysis and risk shifting,...  |  Read More

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