Pre-Construction Evaluation

Lloyd Miller & Associates provides various document reviews ranging from cursory examinations to comprehensive in-depth analysis of the following:

  1. Plans and specifications to ascertain their completeness for bidding and construction purposes and evaluation of compliance with standard codes.
  2. Regulatory documents to determine if all applicable permits have been obtained.
  3. Environmental audit documents to verify investigations related to the presence of or non-presence of hazardous materials.
  4. Evidence of zoning compliance.
  5. Sub-surface investigation report.
  6. Proposed direct construction cost budgets to determine the adequacy of funds to complete the project.
  7. General contracts and subcontracts for Scope of Work and correlation to the proposed construction budgets.
  8. Proposed construction schedule to determine its feasibility.
  9. Payment and performance bonds.
Upon completion of the above evaluations a written report is prepared to include an executive summary which identifies items of significant concern.

Construction Monitoring

During the construction phase, Lloyd Miller & Associates performs periodic on-site observations to determine the following:

  1. Substantial compliance with the contract documents.
  2. Values and percentage of construction completed to date.
  3. Values and security of materials stored on and off site.
  4. Quality of work.
  5. Construction progress as compared to the anticipated completion schedule.
  6. Correlation of subcontract values to the original approved schedule of values for direct construction costs. (Require copies of all subcontracts.)
  7. Verify quality control by reviewing various submitted reports, (i.e. soils, concrete, structural steel connection, fire proofing, etc.)
  8. Status of lien waivers or other evidence of payments to contractors for work performed.
  9. Verify and evaluate change orders.

A written report, including photographs, is issued after each site observation.

Upon completion of construction, a final report is issued verifying the status of Certificate(s) of Occupancy, final waivers of lien, Certificate(s) of Substantial Completion and surveys.

Existing Property Evaluation (a.k.a. Property Condition Report ASTM E2018-08)

When an acquisition or refinancing of an existing property takes place, Lloyd Miller & Associates performs an evaluation of the physical condition of the property as follows:

  1. Review of "As-Built" plans and specifications.
  2. Review of existing sub-surface investigation report.
  3. Review environmental risk assessment report.
  4. Overview of ADA compliance.
  5. Review site conditions such as drainage, pavement, parking and site lighting.
  6. If requested, evaluate design adequacy of the structural, mechanical and electrical systems for the intended use of the building. (Requires extensive calculations)
  7. Examine building (s) for structural integrity.
  8. Examine architectural components such as exterior and interior finish materials and roofing systems.
  9. Check conveyance systems.
  10. Check plumbing, HVAC and electrical systems.
  11. Review life safety features, such as fire protection systems, communication systems and means of egress.
  12. Evaluate maintenance programs.
  13. Provide estimated costs for remedial work, deferred maintenance items and recommend upgrades.
  14. Review Capital Improvement budgets.

Upon completion of the above investigations, a written report including photographs is issued indicating our findings. Note: Item Nos. 1, 2, 3 and 4 require the submission of applicable documents for review. Property Condition Reports (PCR) are performed in compliance with ASTM E2018-08 unless otherwise directed by the client.

Americans with Disabilities Act (ADA) Surveys

The Americans with Disabilities Act (ADA), signed by President Bush in July 1990, is designed to extend civil rights protection to persons with disabilities. The law is divided into four major Titles that prohibit discrimination against the disabled regarding employment, state and local government services, public transportation, public accommodations, and telecommunications. The services provided by Lloyd Miller & Associates focus on the requirements of Title III - Public Accommodations.

Title III of the ADA divides covered buildings and facilities into two categories: "Public Accommodations" and "Commercial Facilities."

A public accommodation is responsible for meeting the ADA requirements for removal of barriers. (However, areas of a public accommodation that are used only by employees as work areas are not subject to this requirement. In such case, “reasonable accommodation” under Title I of the ADA must be made for employees with a disability to enter and use those areas.)

A public accommodation must provide auxiliary aids when they are necessary to ensure effective communication with persons who have hearing, vision or speech impairments (“Auxiliary Aids and Services”). A public accommodation must also meet the technical requirements for alterations and new construction.

The responsibilities for providing auxiliary aids and for removal of barriers do not apply to commercial facilities. (However, "reasonable accommodation" under Title I of the ADA must be made for employees with a disability to enter and use the facility.)

We use the criteria below to determine in which category a building or facility falls.

Public Accommodation

A "public accommodation" is a private entity that owns, leases ( or leases to), or operates a “place of public accommodation.” The place of public accommodation is a private facility whose operations affect commerce and fall within at least one of 12 categories:

  • Place of lodging (e.g an inn, hotel or motel).
  • Establishment serving food or drink (a restaurant, bar, or other establishment serving food and drink).
  • Place of exhibition or entertainment (a movie house or theater).
  • Place of public gathering (an auditorium, lecture hall, or convention center).
  • Sales or rental establishment (a bakery, grocery store, clothing store, or other sales or rental establishment).
  • Service establishment (a dry cleaner, bank, barber shop, beauty shop, travel agency, shoe repair service, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, or other service establishment).
  • Station used for specified public transportation.
  • Place of public display or collection (a museum, library, or gallery).
  • Place of recreation (a park, zoo, or amusement park).
  • Place of education (a nursery school, elementary or secondary school, undergraduate or post-graduate private school, or other place of education).
  • Social service center establishment (day care center, senior citizen center, or food bank).
  • Place of exercise or recreation ( a gymnasium, health spa, or other place of exercise or recreation).

The requirements described are the responsibility of the public accommodation — not the place of public accommodation. However, the requirements do not extend beyond the place of public accommodation to other areas of the facility.

Commercial Facility

A "commercial facility" is a facility intended for non-residential use by a private entity and whose operations affect commerce. Examples are office buildings, warehouses, factories, and other buildings in which employment may occur.

While a public accommodation contains areas that are meant for the public’s use, a commercial facility is built for a private business and its employees. For instance, an office building that is occupied by a single tenant and contains no places of public accommodation would be considered a commercial facility. According to an interpretation from the Justice Department, it is possible for part of a building to be a commercial facility while other portions are public accommodations.

In order to prepare a comprehensive survey of ADA compliance, Lloyd Miller & Associates visits the subject site to walk the property, determine what, if any, barriers exist and what conditions are considered to be “readily achievable” items under the ADA Guidelines. The survey requires taking measurements in addition to performing visual observations. A report with photographs is prepared utilizing the Building Owners and Managers Association International Guidelines to arrive at our conclusion and recommendations. Estimated costs are prepared to advise the Owner and Lender what reasonable costs can be expected to bring the property into compliance.