Stay Out of Debtor’s Prison: How to Handle Legal & Contractual Issues with the ADA & FHA

When:  Sep 30, 2015 from 01:00 PM to 02:00 PM (ET)


Earn 1.0 AIA LUs | Wednesday, September 30, 2015 at 1:00-2:00pm EDT

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Was the decline in the number of public bath houses due to the proliferation of indoor plumbing? A growing number of historians believe it is the case of Bertram Ireland. In 1927, architect Bertram Ireland drew simple plans for a bath house in Atlantic City. On August 3, 1940, Sophie Sonstein was killed when a partial collapse of the bath house occurred. Mr. Bertram was prosecuted for manslaughter “due to negligence and for creating a public nuisance by building an unsafe structure contrary to the code.”

Since 1940, it is seldom that architects are asked to design bath houses. If bath houses were still common, it would be required that they comply with the ADA, FHA and other codes and regulations. Failure of a final design to comply with the ADA and FHA can result in federal or state prosecution, as well as private civil actions. Contractual indemnity, warranty, and standard of care provisions can impact a designer’s potential liability.

This presentation will focus on contractual provisions impacting a designer’s liability for violations of the ADA and FHA.

Education Level: Beginner

Ideal Audience: This presentation will be geared towards all designers who design residential or commercial buildings

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Learning Objectives

  1. Recognize potential liability issues concerning the ADA and FHA.
  2. Understand the impact of sealing plans and designs that may not comply with the ADA and FHA.
  3. Recognize contractual issues during value engineering as related to claims made under the ADA and FHA.
  4. Decide how best to address ADA and FHA issues with insurers and in contract documents.

Speakers


Michael L. Brown is a partner in Wallace Saunders Design Professional’s Group. He educates himself on the emerging trends and legal developments impacting design professionals. He maintains a close relationship with design professional insurers and brokers and is A/E Panel Counsel for most major insurers. He is the firm’s primary contact with AIA Kansas City and AIA CES. He is also active in the ACEC, Builder’s Association, Harmonie Group Construction Committee, and KCMBA Construction Committee. Mike has been awarded the “Super Lawyers” designation for Kansas and Missouri by Super Lawyers®.

Nathan Dulle counsels design professionals and their businesses on risk management issues, including contract review, to help prevent disputes from arising. When disputes occur, Nathan prosecutes and defends claims in state and federal courts and also advocates for his clients before regulatory agencies.

     


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View the Presentation Files
Now available: You can download the presentation and a handout of sample contract language. The Q&A will be posted after the webinar. Continuing Education Hours are only offered during the live event.

Report AIA Continuing Education
Continuing Education hours are only offered during the live event, and only to AIA members. A link to a survey will be provided both at the end of the webinar and in a follow-up email sent one hour after the end of the webinar. This survey must be completed in order to receive credit. AIA members will have their credit recorded within two weeks.

PLEASE NOTE: Each AIA member or IDP record holder needs to fill out their own survey individually. The survey will close 72 hours after the conclusion of the presentation.

Questions
Please send your questions, comments and feedback to: knowledgecommunities@aia.org.

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