If I Have A CASp Report With A DAIC Certificate, Am I protected?

Corey Taylor
May 7
6 min read

Two men in a modern office review documents, exchanging smiles. Shelves with books and a plant are in the background. Bright, natural light.

California CASps are on the front line of construction‑related accessibility claims. We issue reports, we sell and track Disability Access Inspection Certificates (DAICs), and we get asked one question over and over:

“If I have a CASp report and DAIC, am I protected? Do I automatically get a ‘stay’ of any lawsuit?”

The short answer for practitioners: a DAIC is powerful evidence, but it does not automatically create a stay, and it is never a permanent shield. The stay and early evaluation conference are separate, court‑controlled procedures under California civil statutes, not automatic benefits of inspection.

The statutory framework CASps need to know

The DAIC and CASp report live in a different legal universe than the CBC or 2010 ADA Standards. They’re governed by California civil rights and procedure statutes, not technical accessibility provisions.

Key authorities:

California Civil Code §§ 55.51–55.545 – Construction‑Related Accessibility Standards Compliance Act (CRASCA), including CASp status, reduced damages, and early evaluation conferences.
California Civil Code § 55.53 – CASp inspection reports and Disability Access Inspection Certificates.
California Civil Code § 1938 – CASp disclosure requirements in commercial leases.
California Code of Civil Procedure § 425.50–425.55 – “High‑frequency litigant” and special pleading rules for construction‑related accessibility claims.
Judicial Council DAL forms (DAL‑001, DAL‑005, DAL‑010, etc.) – Implement the stay and early evaluation conference in disability access litigation.

The CASp Program Handbook also clarifies that the CRASCA “legal benefit” applies only to ADA Title III entities (places of public accommodation and commercial facilities), not Title II state/local government facilities.

No section of 2025 CBC Chapter 11B or 2010 ADA Standards grants or controls litigation stays; those documents regulate technical accessibility, not the litigation process.

What Civil Code § 55.53 actually requires of you

Under Civil Code § 55.53, a CASp must, after inspecting a site, do all of the following:

Provide a written inspection report describing the inspected structures and areas, and stating whether the site “meets applicable standards” or is “inspected by a CASp” and needs corrections.
Identify needed corrections and a schedule where the site does not yet meet standards.
Issue a numbered Disability Access Inspection Certificate (DAIC) if the site either meets applicable standards or has been inspected by a CASp.

The Handbook summarizes the DAIC obligation:

“Every CASp who completes an inspection of a place of public accommodation shall … provide the building owner or tenant requesting the inspection with a numbered disability access inspection certificate indicating that the site has undergone inspection by a certified access specialist.”

Critically, the same chapter reminds us:

“Through certification, a CASp … may determine that a facility meets or does not meet applicable standards; however, a CASp does not certify that a facility is compliant or issue certification indicating a facility is compliant.”

The DAIC is a record of inspection and CASp status, not a certificate of compliance and not a litigation order. It is evidence that can be used later, but it doesn’t itself change court timelines.

The mandatory “Notice to Private Property Owner/Tenant”

Civil Code § 55.53 also requires us to deliver a specific Notice to Private Property Owner/Tenant with our report and DAIC. The CASp Handbook reproduces this notice verbatim, including the key language your clients latch onto:

“IF YOU BECOME A DEFENDANT IN A LAWSUIT THAT INCLUDES A CLAIM CONCERNING A SITE INSPECTED BY A CERTIFIED ACCESS SPECIALIST, YOU MAY BE ENTITLED TO A STAY … AND AN EARLY EVALUATION CONFERENCE. IN ORDER TO REQUEST THE STAY AND EARLY EVALUATION CONFERENCE, YOU WILL NEED TO VERIFY THAT A CERTIFIED ACCESS SPECIALIST HAS INSPECTED THE SITE … YOU WILL ALSO BE REQUIRED TO PROVIDE THE COURT AND THE PLAINTIFF WITH THE COPY OF A WRITTEN INSPECTION REPORT BY THE CERTIFIED ACCESS SPECIALIST, AS SET FORTH IN CIVIL CODE SECTION 55.54.”

A few points are worth highlighting to other CASps:

The statute uses “may be entitled,” not “shall receive automatically.”
The owner/tenant must request the stay and early evaluation conference.
They must provide your written report with the application.

That language is your safest script: it’s what you’re legally required to tell them, and it accurately frames the DAIC as a ticket into a process, not a get‑out‑of‑litigation card.

How the stay and early evaluation conference actually work

The stay and early evaluation conference procedures come from CRASCA and the Judicial Council’s DAL forms, not from CBC or ADA technical standards.

SB 1608 (2008) – Created CRASCA; introduced “meets applicable standards” and “inspected by a CASp,” plus early evaluation conferences.
SB 1186 (2012), SB 269 (2016), AB 1521 (2015) – Expanded CRASCA, added high‑frequency litigant rules, and clarified a 90‑day stay and early evaluation conference for qualifying cases.

The Judicial Council DAL forms implement this:

DAL‑005 – Defendant’s Application for Stay and Early Evaluation Conference, Joint Inspection.
DAL‑010 – Notice of Stay of Proceedings and Early Evaluation Conference (the court’s order and schedule).

In practice, for your clients:

A construction‑related accessibility complaint is filed in California state court.
If the defendant has a CASp report and DAIC, and qualifies under Civil Code §§ 55.51–55.545, counsel can file DAL‑005 with your report and DAIC details.
The court may then issue DAL‑010, which imposes a time‑limited stay (commonly up to 90 days) and sets the early evaluation conference and joint site inspection.

Nowhere in CRASCA or the DAL forms is there any concept of a “stay forever” or an automatic stay triggered simply by the date of your inspection. The stay is contingent on:

Litigation being filed,
A proper application being made, and
A judge entering an order.

What you should and shouldn’t promise as a CASp

Because owners and tenants often confuse DAIC with immunity, it helps if CASps are consistent in their messaging. Ground yourself in the Handbook text and statutes when you describe the benefits.

You can accurately say:

A CASp inspection and DAIC:
- Help qualify an ADA Title III business for CRASCA benefits (reduced statutory damages under certain conditions, and access to a litigation stay / early evaluation conference).
- Provide necessary documentation (report + DAIC) for a defendant’s application for a stay and early evaluation conference (DAL‑005).
If they are later sued on a construction‑related accessibility claim for that site, they may be entitled to request a temporary stay and an early evaluation conference, but only if they provide your report to the court as Civil Code § 55.54 requires.

You should not say or imply:

That the DAIC automatically stays any future lawsuit on the day of inspection.
That the DAIC or report guarantees a stay will be granted.
That the stay, once granted, is permanent or “covers them forever.”

Those statements would conflict with the actual Civil Code language and DAL procedures, and they would contradict the CASp Handbook’s explanation that the CASp “does not certify that a facility is compliant or issue certification indicating a facility is compliant.”

Practice tips for CASps doing the work

Use a clear engagement letter. Per the CASp professional standards, independent CASps must execute a written agreement that states whether the scope includes an inspection report and issuance of a DAIC “in accordance to the requirements of Civil Code section 55.53.”

Deliver all three statutory deliverables together. For Title III‑type work, your standard deliverable set should be:

CASp inspection report under Civil Code § 55.53(a);
DAIC (if the site meets applicable standards or is at least inspected by a CASp);
The statutory “Notice to Private Property Owner/Tenant.”

Explain the litigation benefit using statutory language. When clients ask “What does this do for me?” point them directly to the notice language: they may be entitled to a stay and early evaluation conference if sued, and they will have to work with their attorney to request it using Judicial Council forms.

Stay in your lane: technical and factual, not legal advice. You can accurately explain what Civil Code § 55.53 requires you to do and what CRASCA says about potential benefits, but whether to file DAL‑005, whether a particular defendant qualifies as a “high‑frequency litigant,” or whether to pursue reduced statutory damages are legal strategy questions for counsel.

Document your DAICs meticulously.The Handbook requires you to keep a DAIC record book noting each numbered DAIC issued, site address, and report type. This documentation supports your credibility if your report and DAIC are later used in court.

DISCLAIMER: The information provided in this post is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney or consultant for advice tailored to your situation.