Practice Management Member Conversations

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

My boss and mentor always said to avoid certifying anything as broad and all encompassing as the "project meets building code" or "project meets ADA requirements".  This is really beyond the capability of any mortal man or woman.  Sometimes these requirements even have conflicts within themselves or even more exciting, the actual requirements can be open to multiple interpretations.  When necessary, I have made statements that include some qualifying language. Something like:

"I certify that to the best of my knowledge and as required by the legally required standard of care this project has been developed and completed in accordance with the applicable (insert whatever standard), but due to the complexity of the (standard) I cannot attest that it fully complies in all instances."

I am sure there is better wording that this, but I create the statement to specifically suit the situation.  This covers the general idea.

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

My boss and mentor always said to avoid certifying anything as broad and all encompassing as the "project meets building code" or "project meets ADA requirements".  This is really beyond the capability of any mortal man or woman.  Sometimes these requirements even have conflicts within themselves or even more exciting, the actual requirements can be open to multiple interpretations.  When necessary, I have made statements that include some qualifying language. Something like:

"I certify that to the best of my knowledge and as required by the legally required standard of care this project has been developed and completed in accordance with the applicable (insert whatever standard), but due to the complexity of the (standard) I cannot attest that it fully complies in all instances."

I am sure there is better wording that this, but I create the statement to specifically suit the situation.  This covers the general idea.

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

The biggest red flag for this request is the open-endedness of the request.  The ADA is a civil rights law, and anyone can sue for having been discriminated against - whether or not the disability was covered specifically by the ADA. So, it would be risky to certify anything that isn't specific about what is covered.

An acceptable middle ground might be to say that the documents were produced to comply with ANSI A117.1, or whatever your referenced standard is. 

That sort of "certification" has been known to satisfy some lenders.

My boss and mentor always said to avoid certifying anything as broad and all encompassing as the "project meets building code" or "project meets ADA requirements".  This is really beyond the capability of any mortal man or woman.  Sometimes these requirements even have conflicts within themselves or even more exciting, the actual requirements can be open to multiple interpretations.  When necessary, I have made statements that include some qualifying language. Something like:

"I certify that to the best of my knowledge and as required by the legally required standard of care this project has been developed and completed in accordance with the applicable (insert whatever standard), but due to the complexity of the (standard) I cannot attest that it fully complies in all instances."

I am sure there is better wording that this, but I create the statement to specifically suit the situation.  This covers the general idea.

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

My boss and mentor always said to avoid certifying anything as broad and all encompassing as the "project meets building code" or "project meets ADA requirements".  This is really beyond the capability of any mortal man or woman.  Sometimes these requirements even have conflicts within themselves or even more exciting, the actual requirements can be open to multiple interpretations.  When necessary, I have made statements that include some qualifying language. Something like:

"I certify that to the best of my knowledge and as required by the legally required standard of care this project has been developed and completed in accordance with the applicable (insert whatever standard), but due to the complexity of the (standard) I cannot attest that it fully complies in all instances."

I am sure there is better wording that this, but I create the statement to specifically suit the situation.  This covers the general idea.

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

My attorney says never "certify". A suggestion would be to start your sentence with "To the best of my knowledge, and as required...."

My boss and mentor always said to avoid certifying anything as broad and all encompassing as the "project meets building code" or "project meets ADA requirements".  This is really beyond the capability of any mortal man or woman.  Sometimes these requirements even have conflicts within themselves or even more exciting, the actual requirements can be open to multiple interpretations.  When necessary, I have made statements that include some qualifying language. Something like:

"I certify that to the best of my knowledge and as required by the legally required standard of care this project has been developed and completed in accordance with the applicable (insert whatever standard), but due to the complexity of the (standard) I cannot attest that it fully complies in all instances."

I am sure there is better wording that this, but I create the statement to specifically suit the situation.  This covers the general idea.

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

My attorney says never "certify". A suggestion would be to start your sentence with "To the best of my knowledge, and as required...."

My boss and mentor always said to avoid certifying anything as broad and all encompassing as the "project meets building code" or "project meets ADA requirements".  This is really beyond the capability of any mortal man or woman.  Sometimes these requirements even have conflicts within themselves or even more exciting, the actual requirements can be open to multiple interpretations.  When necessary, I have made statements that include some qualifying language. Something like:

"I certify that to the best of my knowledge and as required by the legally required standard of care this project has been developed and completed in accordance with the applicable (insert whatever standard), but due to the complexity of the (standard) I cannot attest that it fully complies in all instances."

I am sure there is better wording that this, but I create the statement to specifically suit the situation.  This covers the general idea.

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

My attorney says never "certify". A suggestion would be to start your sentence with "To the best of my knowledge, and as required...."

My boss and mentor always said to avoid certifying anything as broad and all encompassing as the "project meets building code" or "project meets ADA requirements".  This is really beyond the capability of any mortal man or woman.  Sometimes these requirements even have conflicts within themselves or even more exciting, the actual requirements can be open to multiple interpretations.  When necessary, I have made statements that include some qualifying language. Something like:

"I certify that to the best of my knowledge and as required by the legally required standard of care this project has been developed and completed in accordance with the applicable (insert whatever standard), but due to the complexity of the (standard) I cannot attest that it fully complies in all instances."

I am sure there is better wording that this, but I create the statement to specifically suit the situation.  This covers the general idea.

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

My attorney says never "certify". A suggestion would be to start your sentence with "To the best of my knowledge, and as required...."

My boss and mentor always said to avoid certifying anything as broad and all encompassing as the "project meets building code" or "project meets ADA requirements".  This is really beyond the capability of any mortal man or woman.  Sometimes these requirements even have conflicts within themselves or even more exciting, the actual requirements can be open to multiple interpretations.  When necessary, I have made statements that include some qualifying language. Something like:

"I certify that to the best of my knowledge and as required by the legally required standard of care this project has been developed and completed in accordance with the applicable (insert whatever standard), but due to the complexity of the (standard) I cannot attest that it fully complies in all instances."

I am sure there is better wording that this, but I create the statement to specifically suit the situation.  This covers the general idea.

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

Since the ADA is civil rights legislation and determination of compliance rests with the DOJ and the courts. In my opinion, certifying legal compliance is beyond the licensure of architects. As architects, we are certainly qualified to opine on architectural questions, but I would deter all legal questions to the Client's attorney. Now, if the Client ask you for an opinion regarding Chapter 11 of the IBC and compliance with ICC A117.1 regarding accessibility, as an architect you may be qualified to opine on compliance, based on professional education, training, and experience, and of course " to the the best of your knowledge information and belief."

The Lender can always engage an accessibility consultant who may feel qualified to render such an opinion, but the ADA and the Building Code requirements are different sets of requirements. Don't get suckered in to practicing beyond the normal standard of care of architects or your license. 

My attorney says never "certify". A suggestion would be to start your sentence with "To the best of my knowledge, and as required...."

My boss and mentor always said to avoid certifying anything as broad and all encompassing as the "project meets building code" or "project meets ADA requirements".  This is really beyond the capability of any mortal man or woman.  Sometimes these requirements even have conflicts within themselves or even more exciting, the actual requirements can be open to multiple interpretations.  When necessary, I have made statements that include some qualifying language. Something like:

"I certify that to the best of my knowledge and as required by the legally required standard of care this project has been developed and completed in accordance with the applicable (insert whatever standard), but due to the complexity of the (standard) I cannot attest that it fully complies in all instances."

I am sure there is better wording that this, but I create the statement to specifically suit the situation.  This covers the general idea.

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

I agree with Dennis. I think in terms of meeting the accessibility requirements in the building code, we could make a statement that the drawings were prepared by including the requirements in the chapter 11 or ANSI A117.1. The ADA is a civil rights law and not building code (even though the ANSI A117.1 is exactly the ADAAG 2010) Such a grey area. 

Since the ADA is civil rights legislation and determination of compliance rests with the DOJ and the courts. In my opinion, certifying legal compliance is beyond the licensure of architects. As architects, we are certainly qualified to opine on architectural questions, but I would deter all legal questions to the Client's attorney. Now, if the Client ask you for an opinion regarding Chapter 11 of the IBC and compliance with ICC A117.1 regarding accessibility, as an architect you may be qualified to opine on compliance, based on professional education, training, and experience, and of course " to the the best of your knowledge information and belief."

The Lender can always engage an accessibility consultant who may feel qualified to render such an opinion, but the ADA and the Building Code requirements are different sets of requirements. Don't get suckered in to practicing beyond the normal standard of care of architects or your license. 

My attorney says never "certify". A suggestion would be to start your sentence with "To the best of my knowledge, and as required...."

My boss and mentor always said to avoid certifying anything as broad and all encompassing as the "project meets building code" or "project meets ADA requirements".  This is really beyond the capability of any mortal man or woman.  Sometimes these requirements even have conflicts within themselves or even more exciting, the actual requirements can be open to multiple interpretations.  When necessary, I have made statements that include some qualifying language. Something like:

"I certify that to the best of my knowledge and as required by the legally required standard of care this project has been developed and completed in accordance with the applicable (insert whatever standard), but due to the complexity of the (standard) I cannot attest that it fully complies in all instances."

I am sure there is better wording that this, but I create the statement to specifically suit the situation.  This covers the general idea.

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

Daniel, while the organizational structure of ADAAG and the A117.1 Standard (Standard) are the same, the contents are not exactly alike. In the 2017 edition of the Standard, there were significant updates to the 2009 edition and in the current revision cycle, anticipated for balloting later this year or early 2025, there were more than 250 proposed changes. 

The A117 Committee has spent several years working on the new edition and is not bound by the ADA. Many revisions reflect new knowledge in accessibility, based on testing and scientific research. I have seen architectural drawings that cite ADAAG as the Code and even include multiple sheets of Drawings directly from ADAAG, but this is problematic as the IBC is based on the Standard, not ADAG.

Hope this is helpful.

I agree with Dennis. I think in terms of meeting the accessibility requirements in the building code, we could make a statement that the drawings were prepared by including the requirements in the chapter 11 or ANSI A117.1. The ADA is a civil rights law and not building code (even though the ANSI A117.1 is exactly the ADAAG 2010) Such a grey area. 

Since the ADA is civil rights legislation and determination of compliance rests with the DOJ and the courts. In my opinion, certifying legal compliance is beyond the licensure of architects. As architects, we are certainly qualified to opine on architectural questions, but I would deter all legal questions to the Client's attorney. Now, if the Client ask you for an opinion regarding Chapter 11 of the IBC and compliance with ICC A117.1 regarding accessibility, as an architect you may be qualified to opine on compliance, based on professional education, training, and experience, and of course " to the the best of your knowledge information and belief."

The Lender can always engage an accessibility consultant who may feel qualified to render such an opinion, but the ADA and the Building Code requirements are different sets of requirements. Don't get suckered in to practicing beyond the normal standard of care of architects or your license. 

My attorney says never "certify". A suggestion would be to start your sentence with "To the best of my knowledge, and as required...."

My boss and mentor always said to avoid certifying anything as broad and all encompassing as the "project meets building code" or "project meets ADA requirements".  This is really beyond the capability of any mortal man or woman.  Sometimes these requirements even have conflicts within themselves or even more exciting, the actual requirements can be open to multiple interpretations.  When necessary, I have made statements that include some qualifying language. Something like:

"I certify that to the best of my knowledge and as required by the legally required standard of care this project has been developed and completed in accordance with the applicable (insert whatever standard), but due to the complexity of the (standard) I cannot attest that it fully complies in all instances."

I am sure there is better wording that this, but I create the statement to specifically suit the situation.  This covers the general idea.

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

I agree with Dennis. I think in terms of meeting the accessibility requirements in the building code, we could make a statement that the drawings were prepared by including the requirements in the chapter 11 or ANSI A117.1. The ADA is a civil rights law and not building code (even though the ANSI A117.1 is exactly the ADAAG 2010) Such a grey area. 

Since the ADA is civil rights legislation and determination of compliance rests with the DOJ and the courts. In my opinion, certifying legal compliance is beyond the licensure of architects. As architects, we are certainly qualified to opine on architectural questions, but I would deter all legal questions to the Client's attorney. Now, if the Client ask you for an opinion regarding Chapter 11 of the IBC and compliance with ICC A117.1 regarding accessibility, as an architect you may be qualified to opine on compliance, based on professional education, training, and experience, and of course " to the the best of your knowledge information and belief."

The Lender can always engage an accessibility consultant who may feel qualified to render such an opinion, but the ADA and the Building Code requirements are different sets of requirements. Don't get suckered in to practicing beyond the normal standard of care of architects or your license. 

My attorney says never "certify". A suggestion would be to start your sentence with "To the best of my knowledge, and as required...."

My boss and mentor always said to avoid certifying anything as broad and all encompassing as the "project meets building code" or "project meets ADA requirements".  This is really beyond the capability of any mortal man or woman.  Sometimes these requirements even have conflicts within themselves or even more exciting, the actual requirements can be open to multiple interpretations.  When necessary, I have made statements that include some qualifying language. Something like:

"I certify that to the best of my knowledge and as required by the legally required standard of care this project has been developed and completed in accordance with the applicable (insert whatever standard), but due to the complexity of the (standard) I cannot attest that it fully complies in all instances."

I am sure there is better wording that this, but I create the statement to specifically suit the situation.  This covers the general idea.

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

I agree with Adrienne's response to add specific language like "to the best of my professional opinion, knowledge, and belief." This effectively narrows the certification to what you know to be true. Because an architect is only required to observe construction for general conformance, it is impossible to state anything more.

We also include language in our contracts that gives us discretion in signing any certifications that exceed our scope of services or the professional standard of care. This allows us to modify form letters to include the above language. Some owners/lenders push back, but it is rare for us not to prevail.

If you still have concerns, seek the advice of your counsel or insurance carrier who can help you with any necessary language modifications.

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?

We have been requested by the Lender for an Affordable Housing project to provide a letter certifying the project meets ADA requirements.  Does the AIA have any language related to this?