Expert Witness in Retail 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 retail stores and related properties. Attorneys litigating cases that involve construction defects, storefront and building envelope failures, water infiltration, accessibility violations and ADA Title III claims, fire safety and egress issues, sprinkler and alarm system failures, mechanical, electrical, and refrigeration system failures, brand-standard and prototype-compliance disputes, tenant fit-out and build-out disputes, landlord-tenant matters in leased retail premises, mall and shopping center criteria-manual disputes, and other claims related to the design and construction of retail stores 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 retail stores.
About Retail Design and Construction
Retail design and construction encompasses a range of retail facility types, including national-chain retail stores, flagship stores, in-line mall stores, big-box stores, shopping centers, mixed-use buildings with retail bases, pop-up and short-term retail spaces, and the storefronts, interior fixtures, and back-of-house areas associated with them.
The design and construction of retail 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, ADA requirements (including the 2010 ADA Standards for Accessible Design and Title III requirements applicable to places of public accommodation), retail brand-standard and prototype manuals published by individual retailers, mall and shopping-center criteria manuals, and the construction documents and lease applicable to each project.
Disputes commonly arise over construction defects affecting storefronts, building envelopes, and interior finishes; water infiltration; non-compliant accessibility features at entrances, fitting rooms, transaction counters, and toilet rooms; inadequate fire-rated assemblies and egress; sprinkler and fire alarm system failures; mechanical, electrical, and refrigeration system failures; brand-standard and prototype-compliance disputes; tenant fit-out and build-out work performed under landlord work letters and tenant improvement allowances; mall and shopping-center criteria-manual disputes; and landlord-tenant matters regarding the scope, quality, and timing of construction work. Responsibility for compliance with the applicable standards is shared, in different ways, among the retailer, the landlord (including mall and shopping-center owners), the design professional, the contractor, subcontractors, brand and prototype consultants, 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 Retail Design and Construction
Expert witness services in retail 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, mall and shopping-center criteria manuals, leases and work letters, 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 and prototype 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 retail facilities.
An effective retail store design and construction expert witness must be able to explain technical requirements — storefront and building envelope detailing, fire-rated assembly construction, egress geometry, accessibility clearances at entrances, fitting rooms, transaction counters, and toilet rooms, MEP and refrigeration system design, and the technical scope of retail brand-standard and prototype manuals — 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 retail stores.