Are You at Risk for a Multi-Million Dollar ADA or FHA Lawsuit?

om its architect, developer, contractors and other responsible parties, but many large property owners have strong relationships, ongoing projects or future projects planned with such constituents and cannot risk upsetting those relationships. Capturing remediation-related costs can be complex and recovery difficult, requiring experienced legal and financial counsel.Monitoring and Compliance ProgramsFor large property owners seeking to minimize risk across a portfolio, self-monitoring is the best solution. Even compliant organizations benefit from preventive risk management across the portfolio. Settlements or court judgments in ADA/FHA cases often mandate a compliance program to prevent recurring problems. In many cases, the issue is not “if” a payment is appropriate, but rather “how much” it should be. Owners developing new “first occupancy” properties can mitigate risk by obtaining representations and warranties from contractors and design professionals. Buyers can mitigate risk by engaging consultants to assess accessibility compliance prior to acquisition, or by securing indemnification in the purchase and sale agreement.        Joseph Galanti (pictured) is a Principal in Ernst & Young LLP’s Fraud Investigation and Dispute Services (FIDS) practice in Miami. He provides services related to in complex insurance claims and disputes, and regularly assists policyholders and their counsel with first party property, third-party and specialty claims, including the following: property damage, business interruption, service interruption, extra expense, employee theft, environmental, employment practices liability, and commercial general liability.Alexander Rey is a Manager in Ernst & Young LLP’s FIDS practice in Atlanta. A former hospitality executive, Rey provides dispute services and has helped numerous property owners and their counsel with financial and economic damages claims.  (The views expressed herein are those of the authors and do not necessarily reflect the views of Ernst & Young LLP.)