Clients Readily Agree

“The ADA Compliance Team is my first ‘go-to’ call when a client comes to me with a lawsuit claiming an ADA violation. Getting a fast and reliable CASp inspection is absolutely essential in knowing how to deal with the lawsuit, as well as helping my client bring its property into compliance. Inspections are done quickly, and useful and professional reports are generated immediately. Mike, Craig, and the entire team are always efficient, helpful and provide great advice and service. I highly recommend them.” —John B. Marshall, Esq.

The firm’s primary clients are attorneys with clients who get served with ADA lawsuits because of non-compliant elements on their public accommodation property. For example, tow away signs that do not have a telephone number and/or place to retrieve an impounded vehicle. Or an incorrect length and/or width and/or slope of the accessible parking stalls. Or an improper and/or non-existent path-of-travel. The business owner is responsible for all of these.

ACT works with attorneys prior to ADA litigation or after the ADA lawsuit has been issued to their client. During the past 16 years the firm has worked closely with many Southern California attorney firms as their primary or only ADA consultant. “We prefer—as do they—to operate under the Attorney Client Work Product Privilege ‘umbrella.’Our attorney is the ‘quarterback’ of the operation—we take our instructions directly from the attorney,” Thomson says.

Additionally, once the ADA site survey is complete and the report sent to the attorney, ACT creates a Scope of Work which outlines exactly what ADA remediation needs to be completed. The completed SOW is sent to a handful of ADA-savvy, well vetted, and proven subcontractors for their respective ADA remediation estimates. Once all the estimates are reviewed, ACT recommends which one will be the best fit for the job. The attorney is informed and they in turn authorize the work. 

Upon completion, ACT performs a final inspection to guarantee that the property is both ADA and CBC compliant with a detailed report so that the attorney can quickly and less expensively settle the ADA lawsuit. “This scenario is what differentiates us from all others in the ADA consulting realm,” Prestonise says.

To facilitate speed and accuracy ACT has assembled a team of architects, attorneys, designers, contractors, vendors, suppliers, and other influencers experienced in ADA compliance. “Together, we bring an ‘ocean liner’ of wisdom, experience, talent, and creativity to help each client,” says Thomson.

One of the firm’s innovations is their FTP—Formal Transition Plan—for Title III—public accommodation facilities. Municipalities and government entities are required—by law—to create and implement Transition Plans, which is technically under Title II of the ADA. ACT used that government template to create the Formal Transition Plan for Title III facilities. Basically, it is a multi-year approach to ADA remediation. The client agrees to perform some ADA remediation on an annual basis. ACT inspects the property each year and notates the ADA remediation (or lack thereof) in an FTP report. The process continues year after year, depending on the term of the FTP Agreement.

In a fairly typical case, ACT was recently contacted by a property owner who had been sued in two separate ADA lawsuits on the same property, in the same year. The owner desperately needed help—and fast. The client contacted ACT. After receiving the first CASp Site Inspection Report and reviewing it thoroughly, they contacted the client and told them they could help. ACT proposed two resources: (1) the firm’s architect and (2) a Scope of Work, using the existing CASp Inspection Report as the guide. After the client agreed, the architect did the “phase one” of the project and provided preliminary architectural plans, which the firm took when they visited the site. 

ACT team members spent most of the day onsite taking measurements, a topographic survey, drone digital photos, perspective shots, and other studies. Once the SOW was completed and the report sent to the client, the client asked for ADA remediation solutions. ACT’s architect dealt with the city because, in this case, they required permits to perform this work. The architect was not allowed to meet with any city officials. Everything had to be done online due to the pandemic. ACT sent the scope of work to a handful of ADA-savvy subcontractors and eventually chose one to perform the work. 

The contractor had to interface with the city officials on numerous occasions, initially via telephone or through online communications, eventually meeting face-to-face onsite. After numerous delays from the city, ACT procured the permit, began the actual ADA remediation from initial removal of concrete, asphalt, handrails, signage, and so on to completion. This took one week to accomplish. The client had requested a second CASp inspection prior to the work being started, which they ordered and paid for separately. Once all the ADA remediation was completed, ACT representatives met onsite with the second CASp Inspector who re-inspected the entire project. 

The CASp Inspector said that ACT really knew the ADA and CBC specifications well and signed off on the project. The City official returned, met the subcontractor on site, walked the property, then issued a signed off permit. “Whew! What an ordeal and it only took 18 months to complete the project,” says Prestonise.

 ACT gets rave reviews from clients across the board “I have been practicing law nearly 51 years. I represent business owners in ADA-based disability discrimination lawsuits. In many cases time is of the essence because California law reduces, and in some instances completely eliminates, the liability exposure of small business owners who act promptly to remediate the ADA violations called out in a civil complaint. California law provides an incentive to small business owners to eliminate ADA violations quickly, within a limited time frame. I have been working with ADA Compliance Team and specifically Mike Prestonise and Craig Thomson for several years. What impresses me about the team is their high level of expertise in this complicated area of the law and specifically the ADA Guidelines and California Building Code, and their ability to respond quickly to perform a CASp survey, a report and perform the needed remediations, thus saving my clients lots of money. I highly recommend ADA Compliance Team, Inc.” —Attorney Joseph Arias, Partner, Arias & Lockwood, APLC

ACT sees a strong future because the needs for their services are strong. “As the one-stop shop, we’re ready. As more clients are getting sued for ADA violations, they’re asking ‘what do I do? Who do I call?’ We want to be the first name they think of. ‘Oh, ACT, these guys do everything.’ And they’re right,” Thomson says.