John M. Becker
Experienced Legal Counsel for Architects, Engineers, Surveyors, LSRPs
& Construction Related Professionals
O'DONNELL & NACCARATO, INC.
347 N.J. Super. 536 (App.Div. 2002)
A mason contractor brought a negligence suit against the engineers and architects for a construction project alleging the faulty design of the structure from which the mason contractor fell and incurred injuries. The Superior Court, Law Division, Mercer County dismissed the complaint against engineers on the basis that plaintiff's affidavit of merit did not comply with the statutory requirements. The mason contractor appealed dismissal of his case. The Superior Court, Appellate Division held that: (1) the affidavit met the minimum statutory requirements, and (2) even if the affidavit didn't meet minimum statutory requirements, it substantially complied with the statute to be deemed effective. The Appellate Division reversed the Law Division and remanded the matter for further proceedings.