Expert Witness in Hospices 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 hospices and related properties. Attorneys litigating cases that involve construction defects, patient room and family-amenity design problems, residential character and homelike-environment design failures, accessibility violations including bariatric and end-of-life mobility accommodations, fire safety and egress issues under the applicable occupancy classifications (which vary between residential, institutional, and ambulatory health care depending on the level of care), HVAC and odor-control problems, water infiltration and building envelope failures, kitchen and family-area design issues, garden and outdoor-access design failures, phased-construction disputes, and other claims related to the design and construction of hospices 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 hospice facilities.
About Hospices Design and Construction
Hospice design and construction encompasses a range of facility types, including freestanding inpatient hospice facilities, hospital-based inpatient hospice units, residential hospice homes, pediatric hospices, and the support spaces that serve them, including patient rooms with family accommodations, family rooms, kitchens, chapels and meditation rooms, bathing rooms (including spa-style bathing), gardens and outdoor spaces, and bereavement and counseling spaces.
The design and construction of hospices 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 (which contains specific occupancy classifications relevant to hospice care), NFPA 99 Health Care Facilities Code where applicable, ADA requirements, the FGI Guidelines for Design and Construction of Residential Health, Care, and Support Facilities (which addresses hospice settings), CMS Conditions of Participation for hospices, Joint Commission home care and hospice standards, and state and local department of health requirements.
Disputes commonly arise over construction defects affecting building envelopes, interior finishes, and patient and family spaces; patient room and family-amenity layout problems; residential character and homelike-environment design failures (where the project was intended to feel residential but the finished work reads as institutional); accessibility deficiencies including bariatric, transfer, and end-of-life mobility accommodations; ventilation and odor-control failures; bathing room design defects; kitchen and family-area design issues; garden and outdoor-access design failures; non-compliant fire-rated assemblies and egress under the applicable occupancy classifications; and disputes arising from phased-construction projects. Responsibility for compliance with the applicable standards is shared, in different ways, among the 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 Hospices Design and Construction
Expert witness services in hospice 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, commissioning 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, residential health care 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 hospice facilities.
An effective hospice design and construction expert witness must be able to explain technical requirements — patient room and family-amenity design, residential character and homelike-environment design, accessibility including bariatric and end-of-life accommodations, ventilation and odor control, bathing room design, kitchen and family-area integration, fire-rated assembly construction, egress geometry under the applicable occupancy classifications, 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.
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.
Mr. Bernstein’s hospice design experience includes hospice facility projects in the New York region, including interior design for a new hospice opening and design work for United Hospice of Rockland. Mr. Bernstein has approached hospice design with particular attention to the residential character and homelike environment that distinguishes successful hospice facilities from institutional ones, and to the integration of family accommodations, bathing, and outdoor-access amenities that hospice care requires. This depth of hands-on architectural design experience — from program development and code analysis through construction administration and commissioning — provides the technical foundation needed to render credible expert opinions on hospice design and construction disputes.
Contact
Please contact Bernstein & Associates, for expert witness services related to the design and construction of hospice facilities.