Expert Witness in Healthcare 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 healthcare facilities and related properties. Attorneys litigating cases that involve construction defects, infection-control and ICRA compliance issues, problems with medical gas, HVAC pressurization, and specialty MEP systems, imaging-suite shielding and structural issues, accessibility violations, fire safety and egress problems under healthcare occupancy requirements, water infiltration and building envelope failures, tenant fit-out disputes in medical office buildings, and other claims related to the design and construction of healthcare facilities 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 healthcare facilities.
About Healthcare Facility Design and Construction
Healthcare design and construction encompasses a range of facility types, including ambulatory care centers, medical office buildings, outpatient surgery centers, diagnostic and imaging suites, dialysis centers, infusion centers, urgent care clinics, physician group practices, dental offices, and the healthcare-related portions of larger mixed-use buildings.
The design and construction of healthcare facilities 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, NFPA 99 Health Care Facilities Code, ADA requirements, the FGI Guidelines for Design and Construction of Hospitals and Outpatient Facilities, and state and local department of health requirements such as those administered, in New York, by NYSDOH and NYC DOHMH.
Disputes commonly arise over construction defects affecting building envelopes, interior finishes, and specialty rooms; infection-control failures during construction and ICRA non-compliance; problems with medical gas, vacuum, HVAC pressurization, and specialty MEP systems; shielding and structural issues at imaging and procedure rooms; non-compliant accessibility features at entrances, exam rooms, and toilet rooms; inadequate fire-rated assemblies and egress under healthcare occupancy classifications; and tenant fit-out and landlord-tenant matters in medical office buildings. Responsibility for compliance with the applicable standards is shared, in different ways, among the healthcare operator, the landlord, the design professional, the contractor, subcontractors, specialty vendors, 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 Healthcare Facility Design and Construction
Expert witness services in healthcare design and construction matters typically include a careful review of the project documents (drawings, specifications, submittals, RFIs, change orders, permits, certificates of occupancy, ICRA plans, department of health filings and approvals, lease agreements, 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, healthcare facility guidelines, 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 healthcare facilities.
An effective healthcare facility design and construction expert witness must be able to explain technical requirements — fire-rated assembly construction, egress geometry under healthcare occupancy classifications, accessibility clearances, infection-control and ICRA requirements, medical gas and specialty MEP design, imaging-room shielding, and building envelope detailing — 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.
Bernstein & Associates, Architects, through its principal William N. Bernstein, AIA, has provided design and construction expert witness services on more than forty cases in the United States and internationally since 2006. Mr. Bernstein is a Yale-trained, NCARB-certified, LEED-accredited, and registered architect. The firm has provided expert witness services across a wide range of project types, including: Ambulatory Surgery, Behavioral Health, Compounding Facilities, Dental, Doctors Offices, Emergency Departments, Healthcare Laboratories, Hospices, Hospitals, Medical Offices, Mental Health, Office Based Surgery, Pain Management, Pathology, Pharmacy, Psychiatric, Radiology, Sleep Centers, Surgery, Urgent Care, USP 797 Compliant Pharmacy, and USP 800 Compliant Pharmacy. In addition to project types, the firm through its principal provides expert witness services involving ADA, premises liability, and standard of care.
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 healthcare facilities.