Expert Witness in ADA Compliance
Bernstein & Associates, Architects, through its principal William N. Bernstein, AIA, has provided expert witness services for ADA compliance in matters involving the design and construction of buildings and the built environment. Attorneys litigating cases that involve allegations of inaccessible facilities, barrier removal, or non-conforming design require an expert witness architect who understands both the technical requirements of the Americans with Disabilities Act and the practical realities of how those requirements are applied in the design and construction of real projects.
About the ADA
The Americans with Disabilities Act (ADA) is a federal civil rights law, enacted in 1990, that prohibits discrimination against individuals with disabilities and requires that places of public accommodation, commercial facilities, and certain other buildings be accessible to people with disabilities. The technical requirements applicable to the design and construction of buildings are set forth in the ADA Standards for Accessible Design (commonly referred to as the 2010 ADA Standards), and additional accessibility requirements are imposed at the state and local level — for example, in New York City, through the New York City Building Code and ICC A117.1. These standards govern such elements as accessible routes, entrances, doors, ramps, stairs, elevators, restrooms, parking, signage, reach ranges, and clearances. Compliance with ADA requirements is the responsibility of the owner, the design professional, and the contractor, and disputes commonly arise when constructed conditions do not meet the applicable standards, when alterations trigger accessibility requirements that were not addressed, or when readily achievable barrier removal in existing buildings has not been undertaken.
Expert Witness Services Related to ADA Compliance
Expert witness services in ADA matters typically include a careful review of the project documents (drawings, specifications, and as-built conditions), a site survey to measure and document existing conditions, comparison of those conditions against the applicable ADA Standards and any governing state or local accessibility codes, and the preparation of clear, well-supported opinions regarding compliance, non-compliance, the cause of any deficiencies, and the scope and cost of corrective work. An effective ADA expert witness must be able to explain technical accessibility requirements — dimensions, slopes, clearances, and tolerances — in plain language to judges, juries, arbitrators, and mediators, and must have the credentials, written record, and courtroom-ready communication skills to render credible opinions.
Mr. Bernstein is Yale-trained, NCARB-certified, LEED-accredited, registered architect. He has expertise in architectural design, engineering design, and construction as the founder/owner of an architectural firm, Bernstein & Associates, Architects, (1990-present) and as the founder/owner of a construction project management firm, Empire Projects, Inc. (2003-Present). He has been the expert witness (as of May 2026) on (40) cases involving design and construction (2006-present) across the United States and Internationally.
Contact
Please contact Bernstein & Associates, for expert witness services related to ADA compliance.