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Construction Industry News

Architect Is Not Liable for Failure to Design in Compliance with ADA


April 22, 2002


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(A version of this article will appear in the California Construction Law Reporter, published by the West Group.)


By James E. Acret

Plaintiffs sought injunctive relief against architects, alleging failure to "design and construct" a multiplex theater with proper wheelchair access. The architects were neither owners, lessors, lessees nor operators of the theater complex. The District Court granted summary judgment in favor of the architects.

The Court of Appeals affirmed. Lonberg v. Sanborn Theaters, Inc., 259 F.3d 1029, 2001 DJDAR 8235 (9th Cir. 2001). Title III of the ADA applies only to persons who own, lease or operate a place of public accommodation. 42 U.S.C. §12182 (a). Courts are divided on the question of whether the ADA extends to those who "design and construct" public accommodations or is limited to owners, lessors, lessees and operators of such accommodations. Courts that extend liability to all who design and construct "divine liability wholly divorced from the text of the statute." (The United States, in an amicus brief, argued in favor of architect liability.)


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To learn more about Thelen Reid's Construction and Government Contracts Department, click here. For more information about books and other legal materials written by James Acret, click here and enter "Acret" in the Search Products Field. To learn more about topics covered in this article, contact Paul Berning at (415) 369-7229 or at pwberning@thelen.com.






©2002 Thelen Reid Brown Raysman & Steiner LLP

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