ADA Lawsuits – Importance of a quality CASp inspection and report

Hi, welcome to ACR ADA Design and Build. Again we’re today we’re having a discussion on some of the most common myths that are out there and clarification on some popular topics on how to proceed with ADA compliance.

My name is Anthony Guichard, I’m the president of ACR Design and Build. And today we have a team member, Jason, who is our CASP inspector. Jason’s CASp number again is down in the 400’s. He is also a DSA inspector upon a daily basis inspecting contractors, ramps and sidewalks and railings, things of that nature. It makes him at the top of his game on a daily basis, which is why he’s part of our team. In addition to that, we have legal counsel. Legal counsel is an expert ADA attorney that you could reach out to in the event you are caught up in an ADA lawsuit.

ACR puts together a full team that’s at your disposal. We are a one-stop shop to where you can settle all of your needs in a very efficient and cost reduction manner. Today the topic we’re going to be talking about is what should a property owner do to become compliant or aware of their particular property? And what do you do if you get caught up in an ADA lawsuit? First things, how does an owner know what to do or what his corrections are? Well, the state has put into place or the Division of the State Architect, DSA, has put in a very, very specific set of inspectors that are referred to as CASp inspectors, Certified Access Specialists Person that’s all they do is ADA compliance accessibility on these Title III public accommodations projects. Gas stations, liquor stores, coin operated laundries, things of that nature. Anything that’s open to the public.

These experts come into play. They can provide you with this CASp report. It’s a wealth of information. We instruct all of our clients that come to us on the first time to get or obtain a CASp inspection report. To give you an idea of a quality CASp report I’ll give you an example. Let’s say it’s a strip center, four units, nail salon, coin operated laundry, donut shop, and a liquor store. To perform a CASp inspection on that type of property will range anywhere from $400 to $600 and it’s a wealth of information. In fact, if your lawsuit ever goes to trial, this instrument is exactly what the judge and the attorneys will be relying on. It is a document by the expert. If you have a property and you’re not caught up in a lawsuit, please get a CASp report. We can provide them to you through here.

Jason is more than willing to come down at a discounted rate and review the property, put the report together. I look at the design, I look at the construction, we perform all the corrections. One thing that’s unique and very few people are raising their hand up for is we request that our work be re-inspected. Jason comes back to review our work to make sure that it’s been inspected. Now, second part of the question, what do you do if you’re caught up in an ADA lawsuit? My opinion is quality law firm, which we can provide you with. I do not, my opinion, I do not like the attorneys that offer providing flat rate. My opinion is that they want to spend the least amount of time on it, settle with just the allegations, where we work differently.

We want to provide you with full compliance. We want to pay attention to the CASp report and make all the corrections correctly within that CASp report. We don’t pay attention to the allegations in the lawsuit and you want to settle this as quickly as possible. And then when you’re done, we provide a CASp re-inspection that states those items have been corrected. Some jobs require formal plans and a permit, things of that nature, which we can provide here. We provide the full submittal process to the city for a formal set of documents, so then you have another layer of protection. But going back to CASp inspections and how to settle these things, Jason too is on multiple sites and projects and runs into this same thing too. So what are your thoughts, Jason, on how to become compliant with the properties?

Well the best protection is prevention. If you’re not in a lawsuit, if you’re thinking, if you’re wondering, if you’re susceptible to one, you should get a CASp inspection. You’ll get a report, you’ll get a certificate to post in your window that shows that you’ve been inspected. It does work as a deterrent. And once you’re remediated, you keep that certificate in your window. But once you’re in a lawsuit, it becomes a requirement, the CASp inspection. And like Tony said, like you said, it’s a legal document that gets sent in discovery to the plaintiff attorneys, to the judge and they want to know that everything in the report gets satisfied before they will dismiss the lawsuit.

Yeah, that’s exactly what happens with these darn lawsuits. And again, that to touch on something Jason said, if you get caught up in these lawsuits, the best way CASp report first, ADA designer, contractor, CASp re-inspection if the job requires it. Or if the client wants further level of protection formal drawings that are approved by the city, a permit card for the city inspector, and then the CASp re-inspection follows that. That provides multiple layers of protection and again we provide that full layer spectrum here at ACR. If you have any further questions on this issue or want to get your CASp inspection, feel free to email us the address or give us a call and we’ll get back to you within 48 hours. Go ahead and feel to challenge us and see how quick we get back to you. We pride ourselves on our quality control here.

Tony (Anthony) Guichard

As the CEO & Founder of ACR Concrete & Asphalt Construction, Inc., Anthony personally holds A, B, C-12, C-8 & C-32 licenses with over 35 years experience in the design and construction industry.