ADA Lawsuits in California: Are They Frivolous?
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SEC. 12. Section 1938 is added to the Civil Code
This rather innocuous little paragraph is something we have been talking about for some time now. “SEC. 12. Section 1938 is added to the Civil Code, to read: 1938. A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after July 1, 2013, whether the property being leased or rented has undergone inspection by a Certified Access Specialist (CASp), and, if so, whether the property has or has not been determined to meet all applicable construction-related accessibility standards pursuant to Section 55.53”.SCHRAIBMAN'S COMMENT: The way I see it the almost immediate implications are as follows:
1) All commercial lease are about to undergo a change in that this aspect needs to be reflected at 7/1/13
2) The inspection has to be carried out by a CASp- not just any other party
3) And if inspected by a CASp, the property has to be brought up to compliance with all applicable accessibility standards, which means costs.
One could also read all sorts of other potential issues, such as responsibility falling back to the owner for non-compliance issues and the cost of defending against litigation. In addition to this, if two properties are the same a prospective tenant who is savvy would likely go with the property that affords them the least exposure. The long term implications seem to be leaning to everything being CASp certified eventually and hence everything being compliant with all applicable accessibility standards.
BARRIERS TO ACCESS
ADA
- ADA and Public Owned Facilities
- ADA Critique by Phoenix University
- ADA Gov
- CASp Certification
- Privately Owned Facilities Reg3
- Resources for ADA
- Technical Assistance Manual. Reg2
- Technical Assistance Manual: Privately Owned
- Union Tribune Interview with Arcor-Inc. "Is Your Businesses Complying with Disabled Access Law"
Construction Claims
Construction Defects
Construction Management
Construction Risk Profiling
Cost Estimating
Expert Testimony
Stormwater Mitigation
WARNING TO PROPERTY OWNERS & MANAGERS
WARNING TO PROPERTY OWNERS AND MANAGERS: If you own or represent an entity that interfaces with the public and you are concerned with your level of ADA compliance,exposure to personal injury, or the condition and longevity of your buildings and structures, then a professional company like ARCOR-Inc.can provide you with a "ONE-STOP-EXPERT SHOP". We will identify your risks by helping you take preventative action and measures to reduce your risk exposure and costs.
