Expert Witness in Condominium Design and Construction
Bernstein & Associates, Architects, through its principal William N. Bernstein, AIA, has provided expert witness services in matters involving the design and construction of condominiums and related properties. Attorneys litigating cases that involve construction defects, water infiltration and building envelope failures, façade and roof failures, window and curtain wall problems, sponsor/developer punch-list and warranty disputes, common-element vs. unit-owner responsibility questions, Local Law 11/FISP façade matters, mechanical and electrical system failures, acoustical and vibration complaints, accessibility violations, fire safety and egress issues, offering plan and construction-quality disputes, and other claims related to the design and construction of condominiums require an expert witness architect who understands both the applicable building codes and standards and the practical realities of how those requirements are applied in the design, construction, and renovation of real condominiums.
About Condominium Design and Construction
Condominium design and construction encompasses a range of multi-family residential building types, including new-construction high-rise and mid-rise towers, low-rise garden-style buildings, conversion projects, mixed-use buildings with commercial bases, and condominium amenity spaces such as lobbies, gyms, pools, roof decks, and parking garages.
The design and construction of condominium buildings is governed by a complex framework of technical standards, including the applicable building code (for example, in New York City, the New York City Building Code), the International Building Code, ICC A117.1, NFPA 101 Life Safety Code, ADA and Fair Housing Act requirements, the New York State Multiple Dwelling Law, the Energy Conservation Construction Code, and the offering plan and construction documents specific to each building.
Disputes commonly arise over construction defects affecting building envelopes, façades, roofs, windows, curtain walls, terraces, and interior finishes; water infiltration and resulting mold and damage; defective mechanical, electrical, plumbing, sprinkler, and elevator systems; acoustical transmission between units and from mechanical equipment; fire-rated assembly and egress non-compliance; accessibility deficiencies in common areas; sponsor/developer responsibility for punch-list, latent defects, and Offering Plan representations; and disputes between the condominium board, unit owners, and the sponsor over the allocation of repair responsibility between common elements and unit interiors. Responsibility for compliance with the applicable standards is shared, in different ways, among the sponsor/developer, the design professional, the contractor, subcontractors and trades, the condominium board, individual unit owners, and the party responsible for ongoing maintenance, and litigation in this area frequently turns on the allocation of responsibility for design decisions, construction means and methods, and post-occupancy maintenance.
Expert Witness Services Related to Condominium Design and Construction
Expert witness services in condominium design and construction matters typically include a careful review of the project documents (drawings, specifications, submittals, RFIs, change orders, permits, certificates of occupancy, offering plan and construction-related exhibits, sponsor warranties, board minutes, engineer/architect reports, and as-built conditions), a site survey to measure and document the conditions at issue, comparison of those conditions against the applicable building codes, life safety codes, accessibility standards, and industry standards of care, review of construction administration records and maintenance histories, and the preparation of clear, well-supported opinions regarding the cause of the defect or failure, the responsibility of the various parties, and the standard of care applicable to the design, construction, and maintenance of condominium buildings.
An effective condominium design and construction expert witness must be able to explain technical requirements — façade and roof detailing, window and curtain-wall installation, waterproofing of terraces and below-grade spaces, fire-rated assembly construction, egress geometry, accessibility clearances in common areas, MEP system design, and acoustical isolation between units — 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 a 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 the design and construction of condominiums.