John M. Becker
Experienced Legal Counsel for Architects, Engineers, Surveyors, LSRPs
& Construction Related Professionals
NEW ROAD CONSTRUCTION
378 N.J.Super. 238 (App.Div. 2005)
This case involves a roofing company employee that brought a negligence action against the architectural firm, which assisted in the preparation of plans and specifications for roof replacements and related work and which performed various other services related to construction project, after the employee fell from roof. The Superior Court, Law Division, Civil Part, Camden County dismissed the employee's claim against the architectural firm due to lack of affidavit of merit. The employee appealed the dismissal.
The Superior Court, Appellate Division held that a genuine issue of material fact existed as to whether the architectural firm's activities were architectural or non-architectural in nature thereby precluding the granting of summary judgment based on lack of affidavit of merit. If the architect's services were of a non-architectural nature, any affidavit of merit would not be necessary. The case was remanded to the trial court for further proceedings.