Expert Witness in Hotel 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 hotels and related properties. Attorneys litigating cases that involve construction defects, water infiltration and building envelope failures, guestroom and bathroom finish and waterproofing problems, acoustical complaints from guestroom to guestroom and from MEP equipment, accessibility violations and ADA Title III claims, fire safety and egress issues, sprinkler and alarm system failures, brand-standard and franchise-compliance disputes, kitchen, laundry, and pool/spa equipment and code issues, tenant fit-out disputes in mixed-use hotel buildings, and other claims related to the design and construction of hotels 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 hotels.
About Hotel Design and Construction
Hotel design and construction encompasses a range of hospitality facility types, including full-service hotels, select-service and limited-service hotels, luxury and boutique hotels, resorts, extended-stay properties, mixed-use buildings combining hotel with residential or retail uses, and the associated public spaces, restaurants, ballrooms, meeting rooms, spas, pools, and back-of-house support areas.
The design and construction of hotels 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 requirements (including the 2010 ADA Standards for Accessible Design and Title III requirements applicable to places of public accommodation), the Fair Housing Act where applicable, brand standards published by individual hotel companies and franchisors, and the construction documents and operating agreements specific to each property.
Disputes commonly arise over construction defects affecting building envelopes, roofs, balconies, and pool decks; water infiltration into guestrooms and amenity spaces; defective guestroom bathroom waterproofing and finishes; acoustical transmission between guestrooms and from elevators, HVAC equipment, and entertainment venues; non-compliant accessibility features at entrances, guestrooms, bathrooms, and amenities; inadequate fire-rated assemblies and egress in high-rise hotels; sprinkler and fire alarm system failures; brand-standard and franchise-compliance disputes; and code and equipment issues at hotel kitchens, laundries, and pool/spa facilities. Responsibility for compliance with the applicable standards is shared, in different ways, among the hotel owner, the operator/brand, 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 Hotel Design and Construction
Expert witness services in hotel design and construction matters typically include a careful review of the project documents (drawings, specifications, submittals, RFIs, change orders, permits, certificates of occupancy, brand-standard and prototype manuals, franchise and management 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, accessibility standards, brand 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 hotels.
An effective hotel design and construction expert witness must be able to explain technical requirements — building envelope and balcony detailing, guestroom bathroom waterproofing, fire-rated assembly construction, egress geometry, accessibility clearances at guestrooms and public spaces, MEP system design, and acoustical isolation between guestrooms and from equipment — 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 hotels.