WHAT IS CASp?

The term “CASp” stands for Certified Access Specialist. A CASp is an expert in the field of construction-related accessibility. Certified Access Specialists are certified by the California Division of State Architect and qualified to inspect constructed facilities and issue certificates of inspection. The CASp program was created by California Senate Bill 1608 that was designed to address a growing number of "shakedown lawsuits" that is costing California businesses tens of thousands of dollars in settlement and legal fees. The law protects proactive property owner and businesses from "shakedown lawsuits" by granting "Qualified Defendant" status to facilities that have been CASp inspected. Our experienced Certified Access Specialists perform property inspections and educate property owners about accessibility compliance on a daily basis. Our CASp inspectors also perform architectural plan reviews and due diligence surveys.

WHAT IS A QUALIFIED DEFENDANT?

A defendant in a construction-related accessibility lawsuit against a place of public accommodation becomes a "qualified defendant" if a CASp has performed an inspection at the subject facility prior to the date the defendant was served with a lawsuit. A CASp inspection report identifies violations of the applicable accessibility standards, list necessary improvements for their correction, and a schedule for completion of accessibility improvements over a reasonable time. Upon being served with a lawsuit asserting a construction-related accessibility claim, a "qualified defendant" may request a court stay to postpone legal proceedings and an early evaluation conference. In addition, a "qualified defendant" may be entitled to reduced minimum statutory damages from $4,000 to 1,000 per occasion that the plaintiff was denied access. The property/business owner is granted all of the legal benefits that result from having a CASp inspection report on the day that the facility was inspected and NOT when full compliance is achieved.

DAIC Certificate

WHAT IS INCLUDED IN A CASp INSPECTION?

  • A site survey by a Certified Access Specialist (CASp)

  • A detailed report listing any accessibility findings

  • Pictures of all accessibility findings

  • Advise on how to correct the findings

  • A numbered CASp Certificate issued by the California Division of State Architects

  • Legal benefits as described in SB 1608 and 1186.

  • And of course, an experienced professional to walk you through the results of your inspection and answer any questions that you may have.

Certified access services logo

HOW WILL A CASP INSPECTION PROTECT ME?

The goal of Senate Bill 1608 and 1186, the law that governs CASp is to encourage owners to make their properties accessible to the disabled community and grant protection from what is commonly referred to as "shakedown lawsuits". By getting CASp inspected, regardless of the results, you will be granted "Qualified Defendant" status which grants you special legal rights against accessibility related lawsuits. This protection includes:

  • 90-day stay of legal proceedings (A three month delay of lawsuit proceedings)

  • Access to an Early Evaluation Conference (EEC). The purpose of the EEC is to settle the case if possible and avoid a costly trial.

  • Minimum statutory damages could be reduced from $4,000 per occurrence to $1,000 per occurrence.

  • By displaying you certificate of inspection, it will discourage an attorney from identifying your property as an "easy target". (Over 90% of accessibility related lawsuits are settled. The goal of a shakedown lawsuit is to force you to settle without having to spend the time and effort to fight you in court).

  • After you are inspected, you have an opportunity to make a plan to correct any issues found and then add costs into your upcoming budgets rather than getting blindsided with the legal and construction expenses.