Source: Berkley Design Professional, https://www.berkleydp.com/

A local architect of record (AOR) worked together with an out-of-state design architect on a new university dormitory project. With construction about 50% complete, it was discovered that several bathroom types were not in full compliance with FHA accessibility regulations. The design architect had retained an accessibility consultant, and the project was compliant with ADA, but that consultant did not have sufficient expertise in the breadth of code regulations for the project and in the jurisdiction, including FHA requirements. Changes to correct the accessibility deficiencies would have delayed the opening of the project until after the beginning of the next semester. The AOR took a proactive approach. A new accessibility consultant was retained and the attorney retained on behalf of the policyholder was able to negotiate a variance acceptable to the university, municipality and state regulators which enabled the dormitory to open on time. This matter was handled as a claim-prevention matter with no out of pocket cost to the policyholder. Berkley Design professional paid $10,900 in legal fees on behalf of the policyholder.

Lessons learned:

Accessibility compliance is a complex issue particularly on multi-unit housing projects where various codes and regulations apply. Architects are advised to retain accessibility consultants with a wide range of expertise in applicable requirements. In addition, when issues arise during construction, be proactive in developing solutions. In this scenario, the AOR did so and created several options for the university to consider that would also be acceptable to the governing authorities minimizing what could have been a very expensive claim.