Practice Management Member Conversations

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

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Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
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My boss and mentor always said to avoid certifying anything as broad and all encompassing as the "project meets building code" or "project meets ADA requirements".  This is really beyond the capability of any mortal man or woman.  Sometimes these requirements even have conflicts within themselves or even more exciting, the actual requirements can be open to multiple interpretations.  When necessary, I have made statements that include some qualifying language. Something like:

"I certify that to the best of my knowledge and as required by the legally required standard of care this project has been developed and completed in accordance with the applicable (insert whatever standard), but due to the complexity of the (standard) I cannot attest that it fully complies in all instances."

I am sure there is better wording that this, but I create the statement to specifically suit the situation.  This covers the general idea.

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Robert Smith AIA
Talley & Smith Architecture, Inc.
Shelby NC
------------------------------

Original Message:
Sent: 05-13-2024 01:03 PM
From: Deborah M. Smithton AIA
Subject: ADA Certification Letter request by lender

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

------------------------------
Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
------------------------------

Original Message:
Sent: 5/14/2024 5:40:00 PM
From: Robert Lee Smith III AIA
Subject: RE: ADA Certification Letter request by lender

My boss and mentor always said to avoid certifying anything as broad and all encompassing as the "project meets building code" or "project meets ADA requirements".  This is really beyond the capability of any mortal man or woman.  Sometimes these requirements even have conflicts within themselves or even more exciting, the actual requirements can be open to multiple interpretations.  When necessary, I have made statements that include some qualifying language. Something like:

"I certify that to the best of my knowledge and as required by the legally required standard of care this project has been developed and completed in accordance with the applicable (insert whatever standard), but due to the complexity of the (standard) I cannot attest that it fully complies in all instances."

I am sure there is better wording that this, but I create the statement to specifically suit the situation.  This covers the general idea.

------------------------------
Robert Smith AIA
Talley & Smith Architecture, Inc.
Shelby NC
------------------------------

Original Message:
Sent: 05-13-2024 01:03 PM
From: Deborah M. Smithton AIA
Subject: ADA Certification Letter request by lender

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

------------------------------
Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
------------------------------

The biggest red flag for this request is the open-endedness of the request.  The ADA is a civil rights law, and anyone can sue for having been discriminated against - whether or not the disability was covered specifically by the ADA. So, it would be risky to certify anything that isn't specific about what is covered.

An acceptable middle ground might be to say that the documents were produced to comply with ANSI A117.1, or whatever your referenced standard is. 

That sort of "certification" has been known to satisfy some lenders.

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Trace Ward AIA
GLAS Architects, LLC
Eugene OR
------------------------------

Original Message:
Sent: 05-14-2024 05:39 PM
From: Robert Smith
Subject: ADA Certification Letter request by lender

My boss and mentor always said to avoid certifying anything as broad and all encompassing as the "project meets building code" or "project meets ADA requirements".  This is really beyond the capability of any mortal man or woman.  Sometimes these requirements even have conflicts within themselves or even more exciting, the actual requirements can be open to multiple interpretations.  When necessary, I have made statements that include some qualifying language. Something like:

"I certify that to the best of my knowledge and as required by the legally required standard of care this project has been developed and completed in accordance with the applicable (insert whatever standard), but due to the complexity of the (standard) I cannot attest that it fully complies in all instances."

I am sure there is better wording that this, but I create the statement to specifically suit the situation.  This covers the general idea.

------------------------------
Robert Smith AIA
Talley & Smith Architecture, Inc.
Shelby NC

Original Message:
Sent: 05-13-2024 01:03 PM
From: Deborah M. Smithton AIA
Subject: ADA Certification Letter request by lender

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

------------------------------
Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
------------------------------

Original Message:
Sent: 5/15/2024 5:39:00 PM
From: Trace A. Ward AIA
Subject: RE: ADA Certification Letter request by lender

The biggest red flag for this request is the open-endedness of the request.  The ADA is a civil rights law, and anyone can sue for having been discriminated against - whether or not the disability was covered specifically by the ADA. So, it would be risky to certify anything that isn't specific about what is covered.

An acceptable middle ground might be to say that the documents were produced to comply with ANSI A117.1, or whatever your referenced standard is. 

That sort of "certification" has been known to satisfy some lenders.

------------------------------
Trace Ward AIA
GLAS Architects, LLC
Eugene OR
------------------------------

Original Message:
Sent: 05-14-2024 05:39 PM
From: Robert Smith
Subject: ADA Certification Letter request by lender

My boss and mentor always said to avoid certifying anything as broad and all encompassing as the "project meets building code" or "project meets ADA requirements".  This is really beyond the capability of any mortal man or woman.  Sometimes these requirements even have conflicts within themselves or even more exciting, the actual requirements can be open to multiple interpretations.  When necessary, I have made statements that include some qualifying language. Something like:

"I certify that to the best of my knowledge and as required by the legally required standard of care this project has been developed and completed in accordance with the applicable (insert whatever standard), but due to the complexity of the (standard) I cannot attest that it fully complies in all instances."

I am sure there is better wording that this, but I create the statement to specifically suit the situation.  This covers the general idea.

------------------------------
Robert Smith AIA
Talley & Smith Architecture, Inc.
Shelby NC

Original Message:
Sent: 05-13-2024 01:03 PM
From: Deborah M. Smithton AIA
Subject: ADA Certification Letter request by lender

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

------------------------------
Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
------------------------------

Original Message:
Sent: 5/13/2024 1:03:00 PM
From: Deborah M. Smithton AIA
Subject: ADA Certification Letter request by lender

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

------------------------------
Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
------------------------------

I don't think you want to do this from a liability standpoint.  "Certifying" really sticks your neck out.

The furthest I would stick my neck out on this would be to say that to the best of your knowledge and belief, your design complies

You probably did not have construction phase services that would have made it possible to verify every ADA-related detail.  Did every door get installed with the proper clearances? Is every door closer properly adjusted?  Every countertop at the correct height? The list goes on.

Talk to you insurance broker to see if you are covered for making such a statement.  Maybe they have some magic words you can apply

Your Owner-Architect Agreement may have text that says you don't have to certify things that you have only partial information about.  I suggest that your answer go back to the people you have an agreement with.

They are trying to transfer their risk to you.  I don't know the details on the creation of the ADA law, but somehow it doesn't say that it is a violation to fail to design per the ADA requirements; it is a violation to build differently, but not to design.  If the omission of "to design" occurred thanks to helpful lobbying by AIA in the past, our membership dues did their part then.

Perhaps you can refer them to firms which do ADA compatibility surveys and they can get a report about that.

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Joel Niemi AIA
Joel Niemi Architect
Snohomish, WA
------------------------------

Original Message:
Sent: 05-13-2024 01:03 PM
From: Deborah Smithton
Subject: ADA Certification Letter request by lender

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

------------------------------
Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
------------------------------

Original Message:
Sent: 5/13/2024 1:03:00 PM
From: Deborah M. Smithton AIA
Subject: ADA Certification Letter request by lender

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

------------------------------
Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
------------------------------

Original Message:
Sent: 5/13/2024 1:03:00 PM
From: Deborah M. Smithton AIA
Subject: ADA Certification Letter request by lender

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

------------------------------
Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
------------------------------

I suggest contacting your Professional Liability Insurance Carrier for language addressing any "certification".  Their loss prevention programs focus on exactly this sort of thing.

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Michael Schneider AIA
Quadrant Design, Inc.
Waterloo IL
------------------------------

Original Message:
Sent: 05-13-2024 01:03 PM
From: Deborah Smithton
Subject: ADA Certification Letter request by lender

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

------------------------------
Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
------------------------------

Personally, there is not a pole long enough.  Unless contractually obligated (I hope not) I would refer them to an ADA compliance consultant.

Here is a similar thread for reference:

https://network.aia.org/communities/community-home/digestviewer/viewthread?GroupId=139&MID=12879

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Jim Spinola, AIA, CSI
Specifications / Quality Assurance
Pennsylvania
------------------------------

Original Message:
Sent: 05-13-2024 01:03 PM
From: Deborah M. Smithton AIA
Subject: ADA Certification Letter request by lender

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

------------------------------
Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
------------------------------

You've gotten wise advice from our colleagues. Here's a piece to make this even more challenging: for affordable housing you will encounter multiple layers of accessibility requirements: Physical Accessibility | HUD.gov / U.S. Department of Housing and Urban Development (HUD). Best of luck to you.

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Philip Kabza AIA
SpecGuy Specifications Consultants
Mount Dora FL
------------------------------

Original Message:
Sent: 05-13-2024 01:03 PM
From: Deborah M. Smithton AIA
Subject: ADA Certification Letter request by lender

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

------------------------------
Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
------------------------------

California's Architects' Practice Act helps here a bit.  When we write these letters for our projects, we start with: "As Architect of Record, we write to certify, per the provisions of the California Architects Practice Act Article 3, Paragraph 5536.26, that to the best of our professional information, knowledge, and belief, ..."

§ 5536.26 Use of Certify or Certification by Licensed Architect 
The use of the words "certify" or "certification" by a licensed architect in the practice of architecture constitutes an expression of professional opinion regarding 
those facts or findings that are the subject of the certification, and does not constitute a warranty or guarantee, either expressed or implied.  Nothing in this section is intended to alter the standard of care ordinarily exercised by a licensed architect.

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Adrianne Steichen AIA
Pyatok Architects
San Francisco CA
------------------------------

Original Message:
Sent: 05-13-2024 01:03 PM
From: Deborah M. Smithton AIA
Subject: ADA Certification Letter request by lender

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

------------------------------
Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
------------------------------

Deborah, I recommend following Michael F. Malinowski FAIA recommendation.  You should allocate the risk to a consultant that specializes in ADA conformance.  Also, ask your insurance broker for their recommendation to handle the requirement.  The best you can do as an architect is to apply your best standard of care.

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Michael Katzin, AIA
Michael Katzin Project Services, LLC
Johns Creek, GA
Member - Johns Creek Planning Commission
------------------------------

Original Message:
Sent: 05-13-2024 01:03 PM
From: Deborah M. Smithton AIA
Subject: ADA Certification Letter request by lender

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

------------------------------
Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
------------------------------

The advice you have received from many colleagues is sound. If your obligations are pursuant to the standard B101 and A201 Construction Phase services, you cannot have the knowledge to make this certification. As the Architect, your responsibility is to assure the Owner that the Project, as constructed, is in general compliance with the Contract Documents. Your obligation is not for specific compliance. It is the responsibility of the Contractor for the Work to be "free from defects." Accordingly, it is prudent to decline to make this certification. If the Owner requires such certification to satisfy its lender, the Owner should retain a qualified consultant to provide such certification.

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Mark I. Baum, AIA
Mark I. Baum Architect LLC
New Orleans, LA
------------------------------

Original Message:
Sent: 05-13-2024 01:03 PM
From: Deborah M. Smithton AIA
Subject: ADA Certification Letter request by lender

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

------------------------------
Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
------------------------------

I agree with Adrienne's response to add specific language like "to the best of my professional opinion, knowledge, and belief." This effectively narrows the certification to what you know to be true. Because an architect is only required to observe construction for general conformance, it is impossible to state anything more.

We also include language in our contracts that gives us discretion in signing any certifications that exceed our scope of services or the professional standard of care. This allows us to modify form letters to include the above language. Some owners/lenders push back, but it is rare for us not to prevail.

If you still have concerns, seek the advice of your counsel or insurance carrier who can help you with any necessary language modifications.

------------------------------
Robin Bellerby AIA
Humphreys & Partners Architects, LP
Dallas TX
------------------------------

Original Message:
Sent: 05-13-2024 01:03 PM
From: Deborah M. Smithton AIA
Subject: ADA Certification Letter request by lender

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

------------------------------
Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
------------------------------

Robin Bellerby's recommendation is sound. Also, recommend that your certification be grounded in the design, not the construction. For example, you can certify that "to the best of my professional opinion, knowledge, and belief the project has been designed in accordance with ...". Certifying the construction is a bit trickier, for example, where blocking for future grab bars may be required within walls. Also, you may not have verified every single condition for strict compliance with required dimensional criteria, or that every closer has been set at or below the maximum psf, or that ground surfaces (other than manufactured products) have been tested for slip resistance, etc.

As Robin mentioned, it is good practice to include in your contract the right to review any required certifications in advance and to stipulate the limitations of any certifications you will give.

Lenders and others will ask for anything they can get someone else to do rather than conducting their own due diligence, thus shifting the risk to others.

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Mark I. Baum, AIA
Mark I. Baum Architect LLC
New Orleans, LA
------------------------------

Original Message:
Sent: 07-02-2024 04:05 PM
From: Robin Bellerby
Subject: ADA Certification Letter request by lender

I agree with Adrienne's response to add specific language like "to the best of my professional opinion, knowledge, and belief." This effectively narrows the certification to what you know to be true. Because an architect is only required to observe construction for general conformance, it is impossible to state anything more.

We also include language in our contracts that gives us discretion in signing any certifications that exceed our scope of services or the professional standard of care. This allows us to modify form letters to include the above language. Some owners/lenders push back, but it is rare for us not to prevail.

If you still have concerns, seek the advice of your counsel or insurance carrier who can help you with any necessary language modifications.

------------------------------
Robin Bellerby AIA
Humphreys & Partners Architects, LP
Dallas TX

Original Message:
Sent: 05-13-2024 01:03 PM
From: Deborah M. Smithton AIA
Subject: ADA Certification Letter request by lender

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

------------------------------
Deborah Smithton AIA
Smithton Architects, Inc
San Diego CA
------------------------------