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Some Courts Say that Owners Cannot Sue Their Architects and Consultants for Designing Noncompliant Facilities
May 21, 2013
The most recent case on this subject is Rolf Jensen & Assocs. v. Dist. Ct., 282 P.3d 743 (Nev. 2012). The casino owner sued its ADA consultant under their contract and state law after the Justice Department required the owner to make more than $20 million in retrofits to comply with ADA requirements. The Nevada Supreme Court dismissed the owner’s claims, finding that allowing these claims to move forward would frustrate the objectives of the ADA. The court said that allowing an owner to “completely insulate itself” from liability for an ADA or FHA violation by contract or through state common law principles would diminish an owner’s incentive to ensure compliance.
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