Remediation vs. Retrofit vs. Rebuild: Strategic Accessibility Decisions

You've Been Sued. Now What?

An accessibility demand letter arrived, or worse, a lawsuit. Now you need to fix your website. But how?

You have three strategic options: quick fixes (remediation), comprehensive overhaul (retrofit), or complete rebuild. Each has different costs, timelines, and legal implications. Choosing the wrong strategy can cost millions.

The Three Strategic Approaches

1. Remediation: Quick Fixes (Patch)

Fix only the violations found in the lawsuit. Band-aid approach.

2. Retrofit: Comprehensive Overhaul (Major Renovation)

Audit entire site, fix all accessibility violations systematically, maintain current architecture.

3. Rebuild: Start Over (New Foundation)

Complete redesign and rebuild with accessibility-first approach from ground up.

Option 1: Remediation (Quick Fixes)

What It Is

Fix only the specific violations mentioned in the lawsuit or demand letter. Nothing more.

Best For

• Small violations (specific pages, specific issues)
• Urgent settlement agreements
• Limited budget and time
• External pressure (lawsuit settlement, government mandate)

Timeline

• 1-4 weeks for most violations
• Fastest option
• Can demonstrate good faith quickly

Cost Analysis

Typical Remediation Budget:

Fixed Violations (20-50 issues):
  Development time: 40-80 hours @ $150/hr = $6,000-$12,000
  Testing & QA: 10 hours @ $150/hr = $1,500
  Project management: 5 hours @ $100/hr = $500
  
TOTAL: $8,000-$14,000

Fast-track option (1 week):
  Additional rush fees: +$2,000-$5,000
  
TOTAL RUSH: $10,000-$19,000

One-time investment. No ongoing cost.
        

Advantages

• Fast implementation
• Low cost
• Quick settlement signal
• Minimal disruption to site
• Demonstrates responsiveness

Disadvantages

• Doesn't fix unstated violations (you WILL be sued again)
• Piecemeal fixes create technical debt
• Multiple bug fixes needed as overlays fail
• Users with disabilities still encounter barriers
• Doesn't solve underlying architectural issues
• High risk of lawsuits within 12 months

Legal Risk

• High: Other violations remain unfixed
• Serial litigation: Expect more lawsuits
• Demonstrates inadequate accessibility commitment
• Settlement shows you knew about violations
• Courts may view remediation-only as bad faith

Real-World Outcome

Company fixes 10 violations in demand letter. Sued again 6 months later for 50 different violations on different pages. Total legal and remediation costs: $100,000+

Option 2: Retrofit (Comprehensive Overhaul)

What It Is

Conduct a full accessibility audit of entire site. Fix all violations systematically while keeping current architecture and codebase.

Best For

• Medium to large sites with systemic violations
• Settling litigation with confidence
• 2-3 year old sites with architectural debt
• Building long-term accessibility into roadmap

Timeline

• 2-6 months for most websites
• Phased approach (critical → high → medium → low)
• Can parallelize with ongoing business

Cost Analysis

Typical Retrofit Budget (50-100 pages):

Audit (professional VPAT): 
  Manual + automated testing: $3,000-$7,000

Remediation (estimated 200+ violations):
  Development: 200-400 hours @ $150/hr = $30,000-$60,000
  Testing & QA: 40 hours @ $150/hr = $6,000
  Project management: 20 hours @ $150/hr = $3,000
  Accessibility review: 30 hours @ $200/hr = $6,000

Content update (alt text, captions):
  80-120 hours @ $75/hr = $6,000-$9,000

Conformance Report:
  VPAT or detailed documentation: $1,000-$3,000

TOTAL: $55,000-$94,000 (4-6 month project)

Ongoing annual review: $3,000-$5,000/year
        

Advantages

• Comprehensive - fixes 95%+ of violations
• Prevents serial litigation
• Demonstrates serious commitment
• Improves user experience for all users
• Better SEO and performance
• Creates maintainable code for future development
• Professional VPAT provides legal documentation

Disadvantages

• More expensive than remediation
• Longer timeline (2-6 months)
• Requires hiring specialists (if not in-house)
• May require temporary site limitations during rollout
• Architectural debt may limit fixes on some features

Legal Advantages

• Demonstrates systematic, good-faith effort
• Professional VPAT shows due diligence
• Comprehensive fix reduces future litigation
• Can support defense: "We audited and fixed everything"
• Documented remediation timeline shows good faith

Real-World Outcome

Company invests $75,000 in comprehensive retrofit. Settles lawsuit. No additional suits for 2+ years. Accessibility becomes competitive advantage.

Option 3: Rebuild (Complete Redesign)

What It Is

Complete redesign and rebuild of website with accessibility-first approach from the ground up.

Best For

• Very old sites (5+ years old)
• Deeply broken architecture (impossible to retrofit)
• Platform/CMS changes needed for accessibility
• Multiple lawsuits or government enforcement action
• Building accessibility into core platform

Timeline

• 6-18 months depending on site complexity
• Parallel development (old site continues running)
• Staged migration reduces risk

Cost Analysis

Typical Rebuild Budget (100+ pages, complex):

Design (accessibility-first):
  UX/UI design: 200-400 hours @ $150/hr = $30,000-$60,000

Development (WCAG 2.1 from ground up):
  Frontend/backend: 800-1,600 hours @ $200/hr = $160,000-$320,000
  Testing & QA: 100-200 hours @ $150/hr = $15,000-$30,000

Content migration & updates:
  Alt text, captions, refactoring: 200-300 hours @ $75/hr = $15,000-$22,500

Accessibility review & certification:
  Professional audit + VPAT: $5,000-$10,000

Training (internal team):
  Accessibility best practices: 40-60 hours @ $150/hr = $6,000-$9,000

Project management & coordination:
  12-18 month project: 100-150 hours @ $200/hr = $20,000-$30,000

TOTAL: $251,000-$481,500 (complex site)

Smaller site (20-50 pages): $100,000-$150,000
Ongoing: Built into regular development cycle
        

Advantages

• 100% accessibility compliance (if done right)
• Modern, maintainable code
• Accessibility baked into every decision
• Better performance and SEO
• Future-proofs against litigation for 3-5+ years
• Improves brand reputation
• Increases conversion (accessible sites convert better)
• Easier to maintain long-term

Disadvantages

• Very expensive ($100k-$500k+)
• Long timeline (6-18 months)
• Risk of launch delays
• Requires significant upfront investment
• Team must learn accessibility best practices
• Business continuity during transition

Legal Advantages

• Demonstrates maximum good-faith effort
• Courts view rebuild as serious commitment
• Prevents all future accessibility litigation (if done right)
• Shows company prioritizes accessibility
• Professional team involvement documented

Real-World Outcome

Fortune 500 company sued for ADA violations. Invests $300,000 in complete rebuild. Launches accessibility-first site. Dismisses existing lawsuits. Becomes industry leader in accessibility. Attracts accessibility-conscious users.

Decision Framework: Which Approach?

Remediation When:

• Violations are isolated (specific pages, specific issues)
• Settlement agreement is imminent
• Time pressure is extreme (immediate demand response)
• Budget is severely limited ($10k-$20k)
• Site is small (under 25 pages)
• Risk acceptance: You understand you'll likely be sued again

Retrofit When:

• Violations are systemic but site architecture is sound
• Site is 2-5 years old with reasonable tech stack
• Timeline allows 2-6 months
• Budget is $50k-$100k
• Site is medium-sized (25-200 pages)
• You want to prevent serial litigation
• Building accessibility into long-term roadmap

Rebuild When:

• Site is 5+ years old with architectural problems
• Violations are pervasive and deeply rooted
• Multiple lawsuits or government enforcement action
• Budget allows $150k-$500k+
• Timeline allows 6-18 months
• Platform/CMS change is needed
• You want to eliminate accessibility risk long-term

Cost Comparison Matrix

Initial Investment

                      Remediation    Retrofit      Rebuild
Initial Cost:         $8-20K         $50-100K      $150-500K+
Timeline:             1-4 weeks      2-6 months    6-18 months
Complexity:           Low            Medium        High
Full-time staff:      1-2 people     2-4 people    4-8 people
Chance of success:    30-40%         85-95%        95-99%
        

Total Cost of Litigation Risk Over 3 Years

Remediation-only:
  Year 1: Initial fix ($15K) + Attorney fees ($5K) = $20K
  Year 2: Second lawsuit settlement ($30K) + Fixes ($20K) = $50K
  Year 3: Third lawsuit ($40K) + Fixes ($25K) = $65K
  3-Year Total: $135K (plus reputation damage)

Retrofit:
  Year 1: Audit + Retrofit ($80K) + Attorney fees ($3K) = $83K
  Year 2: Annual review ($3K) = $3K
  Year 3: Maintenance ($3K) = $3K
  3-Year Total: $89K (plus improved accessibility)

Rebuild:
  Year 1: Rebuild ($300K) + Attorney fees ($2K) = $302K
  Year 2: Maintenance ($2K) = $2K
  Year 3: Maintenance ($2K) = $2K
  3-Year Total: $306K (ELIMINATED accessibility litigation)

ROI Insight: Retrofit often cheaper than serial litigation
        

Negotiating Settlement with Strategy

What Courts Look For

• Good faith commitment to accessibility
• Realistic remediation timeline
• Professional involvement in fixes
• Documentation and VPAT
• Demonstration of testing
• Prevention plan for future violations

Settlement Language Matters

Weak Settlement (Likely to fail)

"Defendant will fix the violations listed in the 
complaint by [date]."

Result: You fix those specific issues. Plaintiff finds 
100 other violations. You're sued again.
        

Strong Settlement (Protects you)

"Defendant will conduct comprehensive accessibility 
audit (VPAT), fix all WCAG 2.1 Level AA violations 
found, maintain ongoing annual audits, and document 
all efforts. Remediation timeline: [phase 1: critical 
by X date, phase 2: all violations by Y date]. 
Professional auditor involved. Annual conformance 
reports required."

Result: Court recognizes systemic approach. Less likely 
to accept new suits for same issues.
        

Ongoing Maintenance: All Three Require It

Annual Review (Year 2+)

Regardless of initial approach, ongoing maintenance prevents regression:

• Annual accessibility audit: $3-5K
• New feature review: Build into dev cycle (no additional cost)
• Quarterly spot checks: Internal team (2 hours/quarter)
• User feedback loop: Monitor user complaints

Prevent Regression

• Add accessibility review to QA process
• Developer training on accessibility best practices
• Accessibility checklist for all new features
• Automated testing in CI/CD pipeline

The Hybrid Approach (Most Common)

Phase 1: Quick Remediation (Weeks 1-2)

• Fix critical violations (keyboard traps, form labels)
• Demonstrate immediate good faith
• Meet settlement timeline demands
• Budget: $10-15K

Phase 2: Full Retrofit (Weeks 3-12)

• Comprehensive audit and systematic fixes
• Professional VPAT creation
• Budget: $40-80K

Phase 3: Build it into Roadmap (Ongoing)

• Accessibility in development process
• Annual reviews
• Annual budget: $3-5K

Total 3-Year Investment: $60-110K (vs. serial litigation of $100K+)

Key Takeaways

• Remediation is quickest but highest legal risk
• Retrofit balances cost, timeline, and legal protection
• Rebuild prevents long-term litigation exposure
• Cost of serial litigation often exceeds retrofit cost
• Settlement language should require comprehensive approach, not just fix cited violations
• Professional VPAT carries legal weight
• Ongoing maintenance is required for all approaches
• Hybrid approach (quick fix + full retrofit) often optimal
• Choice should be documented as part of litigation strategy

Resources

• WCAG 2.1 Guidelines
• VPAT: Conformance Reporting
• The A11y Project
• Deque - Accessibility Solutions
• Consult accessibility attorneys in your jurisdiction