Advertising Disclosure Email Disclosure

To support claims of professional malpractice or negligence, the Affidavit of Merit must be issued by an affiant licensed in the same profession as the defendant.

April 1, 2015
Hill Int’l v. Atl. City Bd. of Educ., 106 A.3d 487(App.Div. 2014)

A school board entered into a contract with an architect for the design of a school. The general contractor on the project was terminated prior to the project’s completion and thereafter sued the school board and the architect, alleging that the termination was a breach of the agreement, that the architect induced the school board to breach the agreement, and that the architect negligently deviated from professional standards in the design, administration and oversight of the project. A week after the architect filed an answer, the plaintiff filed and served an Affidavit of Merit from a professional engineer. Fourteen days after the 120-day maximum time period for the Affidavit of Merit, the architect moved to dismiss, arguing that the Affidavit of Merit was by a licensed engineer, not a licensed architect. The Appellate Division vacated the trial court’s order denying the motion and held that an Affidavit of Merit, when required, must be issued by an affiant who is licensed in the same profession. An exception to this holding exists in the instance where a plaintiff’s claims are confined to theories of vicarious liability or agency and do not involve deviations from a defendant’s professional standards of care.

Case Law Alerts, 2nd Quarter, April 2015

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2015 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Ian J. Antonoff
Associate
(212) 376-6406
IJAntonoff@mdwcg.com

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."