In commercial law, contracts are at the center of most business relationships. When parties enter into agreements that include accessibility requirements — such as adding ramps, elevators, or digital accommodations for customers or employees with disabilities — they are making commitments that can carry legal weight. If one side fails to deliver, disputes can arise quickly. A commercial litigation lawyer may find themselves involved in cases where promises of accessibility are broken, leading to financial loss, damaged business relationships, or reputational harm.
This blog is thanks to our friends at Volpe Law LLC, who understand how disability compliance can affect business operations and contracts.
Where Accessibility Clauses Show Up
Businesses today are more aware of the need for physical and digital accessibility. As a result, contracts increasingly contain language about compliance with the Americans with Disabilities Act (ADA), state regulations, or internal policies. These clauses can appear in leases, construction agreements, service contracts, or employment terms as disability attorneys can share.
For example, a retail company may sign a lease expecting the property owner to make ADA-compliant upgrades before move-in. If those changes aren’t made, the tenant may be unable to open on schedule. That delay can mean lost income and a potential lawsuit. In another case, a business that hires a website developer may require digital accessibility for customers with visual impairments. If the final product excludes people using screen readers, the company might seek damages for breach of contract. If it is in a written contract that has been agreed upon and it is not delivered, legal issues can occur.
How Disability-Related Promises Are Enforced
A contract that includes accessibility language is enforceable like any other agreement. But proving that one side didn’t meet those terms requires documentation, clear expectations, and often, expert input. Sometimes, the issue lies in vague or broad language, such as stating a party will “comply with all applicable disability laws” without specifying how or when. In this example, the other party can argue they plan to fulfill the contract within several months versus right away.
In other cases, disputes arise not from neglect but from differences in how accessibility standards are interpreted. For instance, one side might argue that a basic ramp is enough, while the other expected a full remodel of an entryway.
When these cases end up in court or arbitration, the outcome depends heavily on the language of the agreement and the evidence showing what was done — or not done — after signing.
Why These Disputes Are Increasing
More companies are including disability-related clauses as part of corporate responsibility or legal compliance goals. At the same time, disability advocates are pressing for better enforcement and visibility around access. This shift means that businesses that fail to follow through on accessibility promises are more likely to face legal consequences.
As disability rights become more central to how companies operate, accessibility isn’t just a legal issue — it’s part of maintaining business relationships and brand reputation. That’s especially true when contracts involve public spaces, service providers, or platforms that serve large and diverse audiences.
Advice For Businesses Drafting Or Signing These Agreements
Any company entering a contract with accessibility-related expectations should review those sections carefully. The language should be specific, with deadlines, responsibilities, and standards clearly defined. Ambiguity creates room for dispute later. Working with a lawyer from day one is the best way to protect both parties involved in the contract.
Documentation is also key. Keeping records of inspections, communications, invoices, and certifications can be critical in defending against or pursuing a claim. Even if both sides start with good intentions, misunderstandings can lead to real financial harm.
When accessibility promises are written into commercial agreements but not followed through, the legal fallout can be serious. Businesses that want to avoid litigation should treat accessibility clauses with the same care and precision as any other contractual obligation.
For help reviewing or enforcing agreements involving disability-related terms, reach out to Volpe Law LLC for clear guidance tailored to your business needs.