Expert Witness in Laboratory 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 laboratories and related properties. Attorneys litigating cases that involve construction defects, cleanroom and containment failures, HVAC and pressurization issues, biosafety and BSL-2 / BSL-3 containment deficiencies, fume hood and laboratory exhaust problems, vibration and structural problems affecting sensitive equipment, casework and millwork failures, specialty MEP and gas distribution issues, chemical fume hood face velocity and capture failures, hazardous material storage and code compliance, accessibility violations, fire safety and egress issues under the applicable occupancy and hazardous use group classifications, water infiltration and building envelope failures, phased-construction and occupied-renovation disputes, and other claims related to the design and construction of laboratories 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 laboratories.
About Laboratory Design and Construction
Laboratory design and construction encompasses a wide range of laboratory building types, including research laboratories, university laboratories, clinical laboratories, pathology laboratories, biotechnology laboratories, pharmaceutical laboratories, cleanrooms, pharmaceutical cleanrooms, Biosafety Level 2 (BSL-2) laboratories, Biosafety Level 3 (BSL-3) laboratories, animal laboratories, chemistry and biochemistry laboratories, molecular immunology laboratories, pheresis and blood processing laboratories, quality control laboratories, pilot plants, flavor and fragrance laboratories, medical device manufacturing laboratories, and the support infrastructure that serves them.
The design and construction of laboratories 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 45 Standard on Fire Protection for Laboratories Using Chemicals, NFPA 30 Flammable and Combustible Liquids Code, NFPA 55 Compressed Gases and Cryogenic Fluids Code, ASHRAE 110 method of testing performance of laboratory fume hoods, ANSI/AIHA Z9.5 Laboratory Ventilation standard, the CDC/NIH Biosafety in Microbiological and Biomedical Laboratories (BMBL) guidelines, OSHA Laboratory Standard (29 CFR 1910.1450), ISO 14644 cleanroom standards, USP <797> and <800> for pharmaceutical compounding, FDA cGMP requirements, ADA requirements, and applicable state and local department of health requirements.
Disputes commonly arise over construction defects affecting building envelopes, interior finishes, and specialty laboratory spaces; cleanroom classification and particulate-count failures; containment and pressurization problems in BSL-2 and BSL-3 laboratories; fume hood capture, face velocity, and exhaust performance failures; vibration problems affecting sensitive instrumentation; HVAC, once-through air, and energy-recovery issues in lab environments; failures of specialty gas, vacuum, RO/DI water, emergency power, and other specialty MEP systems; chemical storage, hazardous occupancy, and control area code compliance; non-compliant accessibility features; inadequate fire-rated assemblies and egress under the applicable occupancy and hazardous use group classifications; and disputes arising from phased-construction and occupied-renovation projects in operating research environments. Responsibility for compliance with the applicable standards is shared, in different ways, among the laboratory owner/operator, the design professional, the contractor, subcontractors, specialty vendors, biosafety officers, 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 Laboratory Design and Construction
Expert witness services in laboratory design and construction matters typically include a careful review of the project documents (drawings, specifications, submittals, RFIs, change orders, permits, certificates of occupancy, biosafety plans, cleanroom certification reports, fume hood test reports, commissioning reports, validation documentation, 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, laboratory and biosafety 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 laboratories.
An effective laboratory design and construction expert witness must be able to explain technical requirements — fume hood and laboratory ventilation performance, cleanroom classification and pressurization, BSL-2 and BSL-3 containment design, vibration criteria for sensitive equipment, fire-rated assembly construction, egress geometry under the applicable occupancy and hazardous use group classifications, hazardous material control areas and chemical storage, specialty gas and vacuum distribution, casework and fixed equipment integration, accessibility clearances, 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 laboratory design experience spans research, commercial, clinical, pharmaceutical, biotechnology, university, cleanroom, and BSL-2 / BSL-3 laboratories. Representative laboratory design clients have included academic medical centers, research universities, biotechnology and pharmaceutical companies, clinical and pathology laboratories, and major flavor, fragrance, and consumer products companies. 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 laboratory design and construction disputes.
Contact
Please contact Bernstein & Associates, for expert witness services related to the design and construction of laboratories.