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Litigation Support

Cleanroom Design and Construction Expert Witness

Independent expert opinion and litigation support for disputes involving cleanroom design, construction quality, performance, and valuation. Reports prepared to the standard of the court, by a consultant who has spent 35+ years building the facilities in question.

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An Expert From the Construction Side

When a cleanroom does not perform, the dispute usually turns on a technical question that few people are qualified to answer. Was the facility designed correctly for its intended process? Was it built to specification? Is a modular cleanroom capital equipment or a leasehold improvement? We have spent our careers on the construction side of that question, and bring that perspective to attorneys, insurers, and owners who need an expert who can explain what went wrong and why.

Most cleanroom consultants work in theory. We build. That distinction matters in a design-liability or construction-defect case, because we can speak directly to means, methods, materials, and workmanship, not just contamination principles. Our written reports have been submitted to courts in the US and abroad, and opinions are grounded in three and a half decades of designing, constructing, and commissioning cleanrooms across every major industry.

Cleanroom technician in full gown working at a laboratory bench

Types of Cases

Design Liability

When a cleanroom is designed but fails to perform, the owner often looks to the engineer or designer. We evaluate whether the design was appropriate for the process, the classification, and the airflow and contamination requirements and whether the failure traces to design, construction, or operation.

Construction Quality and Claims

Disputes over workmanship, specification adherence, and installation quality. We review specifications, submittals, QA/QC records, and field conditions to determine whether a facility was built to the standard the contract required.

Tax Classification

Cleanrooms sit in a gray area between real property and capital equipment. Because they are modular and required by the process, their classification carries significant tax consequences. We provide opinion on whether a cleanroom should be treated as a leasehold improvement or depreciable equipment.

Performance and Contamination

When a facility is not achieving its classification or is experiencing contamination events, we investigate the root cause across design, construction, and operation and documents findings in a form suitable for proceedings.

Case History

Representative Matters

A sample of the disputes we have supported across pharmaceutical, compounding, and semiconductor facilities.

01

Compounding Pharmacy

A multi-state fungal meningitis outbreak traced to contamination at a compounding pharmacy, where we consulted with counsel on cleanroom and compounding facility standards.

02

Pharmaceutical

A pharmaceutical facility design-liability case in which a patient was harmed and the dispute centered on whether the cleanroom had been designed to perform as required.

03

Semiconductor · Valuation

A compensation claim involving a government land acquisition, where we provided expert opinion on whether semiconductor wafer-fab cleanrooms could be practically dismantled, relocated, and returned to service.

04

Semiconductor · Construction

A construction-quality dispute over a semiconductor cleanroom ceiling system that failed certification, examining specification adherence, installation practices, and QA/QC oversight.

Why Cleanroom Construction

  • 35+ years in the cleanroom industry

    The only field we have worked in, with hands-on experience designing, building, commissioning, and decommissioning millions of square feet of controlled environments.

  • A builder, not just a theorist

    Deep command of construction means and methods, materials, and specifications, which is where most cleanroom disputes are won or lost.

  • Reports written to the standard of the court

    We understand the expert’s duty is to the court, not the retaining party, and prepares impartial, well-documented opinions on that basis.

  • Fees are not contingent

    Our fee is never tied to the outcome of the proceeding.

  • International experience

    Including expert engagements abroad, alongside a body of published technical writing on cleanroom design and contamination control.

Cleanroom technician in gown and mask reviewing a binder

How It Works

Attorneys typically find us when a case hinges on a cleanroom question their team is not equipped to answer. We review the available materials, gives an early read on whether the matter is one we can support and is candid when it is not. From there, we prepare a written opinion and, where the engagement calls for it, participates through report submission and testimony. We work most of the process from our office, which keeps engagements efficient.

  1. 01Review

    We review the available materials on the dispute.

  2. 02Early Read

    A candid early read on whether the matter is one he can support.

  3. 03Written Opinion

    An impartial written opinion prepared to the standard of the court.

  4. 04Report & Testimony

    Report submission and testimony where the engagement calls for it.

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Common Questions in Cleanroom Disputes

Can a cleanroom be relocated?

Often, yes. Modular cleanrooms are built to be taken apart and reassembled. Whether that is practical in a given case depends on the wall and ceiling systems, the mechanical plant, and the condition of the parts. We have given expert opinions on this exact question, including whether semiconductor wafer-fab cleanrooms could be moved and returned to service.

Is a modular cleanroom taxed as equipment or as a building improvement?

It depends on how the cleanroom is classified, and the tax stakes are high. A modular cleanroom can be removed, but the process requires it, so it sits in a gray area between real property and capital equipment. We give independent opinion on which side of that line a cleanroom falls: leasehold improvement or depreciable equipment.

Are fees contingent on the outcome of the case?

No. Fees are not contingent on the outcome of the proceeding. Our duty as an expert is to the court, not the retaining party, and our opinions are prepared on that basis.

How do I know if a matter is one you can support?

Send a short description of the dispute and the materials available. We review them, give an early read on whether the matter is one we can support, and are candid when it is not.

Contact Us

Discuss a Case

Describe the matter in a few sentences. We review every inquiry personally and responds directly. Counsel often reaches out off-hours, so his direct email and phone are the fastest path.

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