San Francisco 49ers To Receive $6 Million From Contractor Over Levi’s Stadium ADA Claims

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49ers Levi’s Stadium Disability Access Class Action Lawsuit Overview: 

• Who: General contractor Turner-Devcon has agreed to pay the San Francisco 49ers $6 million. 
• Why: The 49ers have been in a dispute with the contractor regarding its financial liability stemming from a class action lawsuit and a subsequent $24 million settlement over claims its home stadium violated the Americans with Disabilities Act.
• Where: The class action lawsuit played out in California federal court.

The San Francisco 49ers are set to receive $6 million from the general contractor of Levi’s Stadium after the NFL team was faced with a class action lawsuit over alleged Americans with Disabilities Act (ADA) claims. 

The 49ers agreed to pay $24 million in damages back in 2019 to settle a class action lawsuit filed by a group of football fans with disabilities who claimed the team’s home stadium was not lawfully constructed or maintained. 

Since the settlement, the 49ers have been in a dispute with the general contractor for Levi’s Stadium — a joint venture between Turner Construction Company and Devcon Construction Co. — with the team arguing the contractor should share some financial liability. 

Turner-Devcon has now agreed to pay $6 million to the 49ers in addition to performing renovations on the stadium valued at approximately $1 million, according to a motion filed by the contractor. 

The contractor previously argued it was not liable since the 49ers had failed to undergo mediation with them prior to any litigation — an alleged stipulation in their contract, reports Law360. 

Of the $6 million, Turner-Devcon will pay $3 million towards resolving the alleged issues with the stadium, $1.3 million towards the class action settlement, and $1.7 million towards attorney fees from the class action settlement. 

Plaintiffs claimed Levi’s Stadium — which opened in 2014 — had a variety of issues, including  pothole-filled sidewalks, and seating and bathroom areas that were not readily accessible to fans with disabilities. 

The group of NFL fans also argued there were issues with the stadiums onsite and offsite parking, ticketing, and signage that would help fans with disabilities locate necessary accommodations. 

Turner-Devcon maintains they were not responsible for the majority of the ADA claims — such as the operational issues and maintenance — and that the stadium itself had “very few true construction errors.” 

A similar class action lawsuit was filed against FedEx earlier this month by consumers who allege the mail carrier violates the ADA by making its drop boxes inaccessible to wheelchair users.

Do you believe Turner-Devcon was financially liable for part of the ADA claims against the San Francisco 49ers? Let us know in the comments! 

The 49ers Levi’s Stadium Disability Access Class Action Lawsuit is Nevarez, et al. v. Forty Niners Football Company, LLC, Case No. 5:16-cv-07013, in the U.S. District Court for the Northern District of California.

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