Multi-Family
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A statute of repose proposal for FHA and ADA design/build liability
Last week I described how liability for design/build claims under the FHA can last forever. The same problem exists with design/build claims under the ADA, as shown by the decision in Frame v. City of Arlington. There are even surprises with the statute of limitations for barrier removal cases. For example, after a plaintiff encounters an access barrier he… Continue reading
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Endless liability for FHA design/build claims is alive and well
The apartment complex is complete, the construction crews have gone home, and a certificate of occupancy has been issued. A decade passes, and then another. The apartments are sold and the developer, contractor and architect move on to other projects. Any complaints about construction of the apartments in compliance with FHA accessibility requirements seem lost in the… Continue reading
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Not as private as you think.
The 2010 ADA Standards were big news for commercial developers, retailers and others whose businesses are open to the public. They seem far less important to residential developers, because on their face they don’t apply, or apply only in limited places, like a leasing or sales office.There is, however, an easy to overlook application of… Continue reading
