What Do Property Managers Need to Know About ADA Compliance?

14 February 2022 By Admin

Are you unsure of your property’s ADA compliance status? At Protrk Construction, we work with licensed third-party CASp to provide CASp surveys and certification. This will help you plan a clear solution to remove accessibility barriers with the help of an ADA concrete contractor.

What is a Certified Access Specialist (CASp)?

Senate Bill 1608 set up the opening of the CASp program in 2008. The program allows a business owner to hire a Certified Access Specialist, or CASp voluntarily, to evaluate their property for ADA compliance and certify that it meets requirements. Even if your property fails, a report can help you to plan and schedule barrier removal. You can then work with an ADA concrete contractor to resolve the highlighted violations. While a CASp inspection is not a requirement, it is worth investing in, as having it carried out before someone files an ADA lawsuit against you offers many benefits to your business.

So, now that we know what a CASp is let’s look at the benefits of investing in a CASp inspection for your business property.

1 - Status as a ‘Qualified Defendant.’

Did you know there were 6,055 ADA lawsuits filed in California in 2020? If your property is not already ADA compliant, it is a matter of WHEN not IF you will face a federal lawsuit. Like most business owners, you probably cannot afford to take that risk! If you have already consulted an ADA concrete contractor, you might already have an estimate on the cost of becoming ADA compliant, and they will likely also recommend a CASp inspection. This is especially important if you won’t start renovations straight away. If you have a valid CASp report that was done before an ADA lawsuit was filed, it grants your business the status of ‘qualified defendant’ in state and federal lawsuits. It can be used to demonstrate your intention to address accessibility issues at your business, and you may be able to negotiate with the complainant without going to court.

2 - Delay Court Proceedings

Once you have been given qualified defendant status, you are given 60-days to postpone court proceedings. This gives you the opportunity to settle with the plaintiff directly, avoiding litigation costs, or you can use this 60-day window to work with an ADA concrete contractor to resolve the violations on the property.

3 - Early Evaluation Conference

ADA lawsuits are raised when there is an accessibility violation, but sometimes they are not in the spirit in which the Americans with Disabilities Act was intended. Some ADA lawsuits are filed as a way to earn a quick buck! There are even serial lawsuit filers! Each violation of the ADA also violates the Unruh Act in California, meaning the plaintiff is awarded $4,000 per claim. However, there are also claims from disabled people who genuinely want to address accessibility issues to make sure they have equal access to services. In these situations, settling out of court is more beneficial than going through the entire legal process. Thanks to your CASp report, you are entitled to an early evaluation conference if you are a qualified defendant. This is when a court official oversees negotiations between the business and the plaintiff and determines if you can reach a settlement agreement.

Where Can I Find a CASp?

Now that you know a little bit more about CASp inspections and how you can benefit from hiring one, you may have decided to find a CASp to work with. The Division of the State Architect is responsible for testing and certifying CASp to offer inspection services. They maintain a list of current CASp on their website. However, like most services, it is usually better to get a recommendation. We work with certified third-party CASp and can recommend them to you. We know that they share the same values we do as an ADA concrete contractor and confidently recommend them to our clients. No law requires you to have a CASp inspection, and you will not be penalized for not having one. However, the cost of having one is much lower than the cost of a potential lawsuit, so it is something that we recommend to our clients.


Design | Build | Certified

Why Wait to be "Forced" into ADA Compliance. If you are a public business or public property owner, save money, lawsuits, time and headaches by being prepared and avoiding it all in the first place. It’s time to call in the ADA pros. Use Protrk, an ADA construction expert, to Get it Done Right Prior to Forced Compliance. 

Call 415-813-9877 today or visit for more details.


Being involved in ADA design and construction has given me the opportunity to help a lot of business owners and commercial property owners prevent costly ADA compliant lawsuits.

Mike Schaeffer

Owner & Founder Protrk®


Tested & Proven


Working For You


For ADA Compliance


The Right Call

Precision & Quality
Stress-Free Process

  • Step 1 - Third Party CASp Report
  • Step 2 - "As-Built" Drawings
  • Step 3 - Solutions & Value Engineering
  • Step 4 - Construction Documents & Permits
  • Step 5 - ADA Build Out
  • Step 6 - ADA Compliant Certifications