The Legal Cost of Non ADA Compliant Construction

It has been 30 years since the Americans with Disabilities Act, or ADA, was passed with the intention of preserving the rights of people with disabilities to be able to enjoy public and private goods and services the same as a non-disabled person. However, the unfortunate reality is that even after three decades, the number of ADA violations continues to increase. In 2019, more than 11,000 ADA lawsuits were recorded. The state of California has the rather undesirable honor of leading the pack for the highest number of cases related to non ADA compliant construction.

Why Make the Effort to Maintain ADA Compliant Construction?

There is an old saying that any publicity is good publicity. Still, there are not many businesses out there who would feel comfortable with the negative press generated because of their failure to accommodate disabled customers! We are at a time in society where people are much more vocal about the rights of marginalized groups like the disabled community, and refusal to address an ADA violation is not looked upon favorably. Of course, there is more than just your reputation at stake here – non ADA compliant construction also carries some serious legal ramifications!

There is a minimum fine of $4,000 for each case filed against your business, but that is only the beginning. An additional $75,000 can be collected for a first time ADA violation and a further $150,000 for each subsequent violation. This is a substantial financial outlay even before taking into consideration the cost of legal representation and loss of income while working to achieve ADA compliant construction.

Getting a CASp Report

One of the best pieces of advice we can offer is that if you are preparing to open a business, then you need to invest in a CASp report. This is a great way to find out if you have successfully achieved ADA compliant construction. CASp stands for Certified Access Specialist, an individual who is a trained expert in ADA requirements. They are able to carry out a full inspection of your property and produce a report detailing whether or not your property is compliant. Obtaining a CASp report will designate you as a Qualified Defendant if a complaint is made against you in the future. In addition, if the report shows that you have some ADA compliance issues to resolve, it can help prove that you are aware of the situation and are working to fix them. This can earn you a temporary stoppage following a complaint, to give you time to resolve the non-ADA compliant construction issues.

--

Design | Build | Certified

Why Wait to be "Forced" into ADA Compliance. If you are a public business or public property owner, save money, lawsuits, time and headaches by being prepared and avoiding it all in the first place. It’s time to call in the ADA pros. Use Protrk, an ADA construction expert, to Get it Done Right Prior to Forced Compliance. 

Call 415-813-9877 today or visit www.protrkconstruction.com for more details.