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Defense Expert for Accessibility Lawsuits


Overview
We provide expert witness services for defendants sued under federal civil rights law with regard to accessibility.



Access survey and report
After a complaint is filed, we perform a survey of the property. We then prepare a report that addresses each allegation, and cites reference standards and relevant portions of the law. We identify the minimum requirements of enforceable federal statute, and recommend the least costly methods of achieving compliance.



Settlement conference
We participate in the settlement conference to clarify technical issues. Our services have a collaborative tone, and we work to keep the matter at a settlement conference table instead of in a courtroom. We will stand by the defendant through the settlement process and guard against frivolous or unfounded demands. We are usually able to offer alternate solutions to barrier removal that can lower construction costs.

We identify allegations that may not be technically feasible to remedy, and work with the owners and their attorneys to determine whether barrier removal is "readily achievable" under Title III of the ADA or whether it may present an "undue burden" under Title II. We suggest settlement language that will help the defendant to maximize the tax deduction and tax credit that are available for removal of barriers to access.



Contact






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