Colorado-Real-Estate-Journal_491639

Page 36 - November 5-18, 2025 www.crej.com Construction, Design & Engineering Your Building Envelope Experts Experience the buildingWorks difference on your next roofing project. We promise to: www.buildingworks.us 224.456.1269 LISTEN to understand needs ASSESS existing conditions PLAN and build a strategy BUDGET for a capital plan CONNECT the project to experts EXECUTE and deliver results 303-573-5678 Pete Gillespie, President Bill Brauer, General Manager info@ejcm.com Office | Medical | Specialty COMMERCIAL CONSTRUCTION MANAGEMENT | EJCM.COM W E B U I L D B E A U T I F U L I N T E R I O R S A s Colorado’s commercial real estate market contin- ues to evolve, property owners must stay ahead of a rising risk: accessibility-related liability. In today’s increasingly litigious environment, premises-related injuries and Americans with Dis- abilities Act compliance issues are a growing concern for com- mercial property owners and ten- ants alike. While most assume the presence of the International Symbol of Access signals com- pliance, this assumption is often false and risky. In reality, many properties in Colorado are noncompliant with federal, state or local accessibil- ity standards, exposing owners to significant financial, legal and reputational liability under the ADA and related laws. n Why this matters for Colo- rado CRE. Colorado is home to a diverse commercial real estate landscape – from historic prop- erties in Denver’s LoDo to sub- urban office parks, retail centers and industrial developments statewide. Many buildings were constructed long before the ADA was enacted in 1991 or before the 2010 revisions to accessibility standards. While older properties may have been built “to code” at the time, being code-compliant then does not mean ADA compli- ance now. U n f o r t u - nately, many owners and m a n a g e r s m i s t a k e n l y believe one of three things. They think if they have not had a c o m p l a i n t , they must be compliant; the building was built prior to the ’90s, so it is “grandfathered in”; or contrac- tors handled compliance during prior renovations. These assump- tions can be incorrect. ADA com- pliance is not a one-time check- box, and neither time nor lack of complaints protects a property from liability. n ADA compliance and prem- ises liability in Colorado. Under Colorado premises liability law, property owners have a legal obli- gation to maintain reasonably safe conditions for anyone lawfully entering the property, including tenants, customers, employees and vendors. This includes pre- venting hazards, such as uneven pavement or poor lighting. But when ADA compliance is layered into this equation, property owners face additional responsibilities and risks. If a person with a disability is injured or excluded due to non- compliant (or missing) accessi- ble features (e.g., missing curb ramps, narrow doorways or inac- cessible restrooms), it could trig- ger a premises liability lawsuit, a federal ADA civil rights claim, or potential violations of Colorado accessibility codes and enforce- ment actions. Moreover, even improperly designed accessible features, like a ramp that’s too steep or door hardware that requires tight grasping, can pose hazards not just to people with disabilities, but to all users. Additionally, improperly designed or out-of-compliance structures can create hazardous conditions for all patrons. Haz- ards can be further created or exacerbated by utilizing incorrect accessibility features or features in the wrong locations or areas. Ulti- mately, ADA compliance can be complex, and a knowledgeable individual should be involved in the design, installation and inspection of all accessibility com- ponents or features. n The ADA’s scope and Col- orado-specific considerations. Enacted in 1991 and revised in 2010, the ADA Title III applies to virtually all commercial facili- ties and places of public accom- modation, including: retail cen- ters; office buildings; restaurants and hotels; multifamily common areas; medical and professional offices; and entertainment ven- ues. The ADA requirements for these structures include, but are not limited to: • Properly marked and sized accessible parking with compli- ant signage and access aisles; • Ramps, curb cuts and acces- sible routes; • Doors with proper hardware and opening force; • Adequately sized restrooms and accessible fixtures; • Proper signage with Braille; and • Accessible counters, service areas and paths of travel. Colorado’s building and fire codes may introduce additional layers of accessibility enforce- ment, especially under local juris- dictional amendments. The onus is on property owners to be aware of both federal and state-level standards. n The cost of noncompliance. Noncompliance with the ADA or Colorado accessibility standards can result in: • Lawsuits filed by individuals or advocacy organizations; • Department of Justice enforce- ment actions; • Civil penalties and fines; • Reputational harm and ten- ant fallout; and • Operational disruptions. The cost of a professional ADA inspection and compliance audit typically ranges from $500 to Accessibility matters: ADA compliance & premises liability Hank Mowry, PE, DFE Vice president of engineering, Knott Laboratory Please see Mowry, Page 47 Improperly designed accessible features can pose hazards to all users.