Kenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or visit www.njlaws.com

(732) 572-0500

Thursday, January 15, 2015

HILL INTERNATIONAL, INC. VS. ATLANTIC CITY BOARD OF EDUCATION COBRA CONSTRUCTION COMPANY, INC. VS. ATLANTIC CITY BOARD OF EDUCATION A-4139-13T3

HILL INTERNATIONAL, INC. VS. ATLANTIC CITY BOARD
          OF EDUCATION
          COBRA CONSTRUCTION COMPANY, INC. VS. ATLANTIC CITY
          BOARD OF EDUCATION
          A-4139-13T3
When a professional in one of the categories listed in N.J.S.A. 2A:53A-26 has been sued for malpractice or negligence, a supporting affidavit of merit ("AOM") is required from a "like-licensed" professional. This "like-licensed" requirement applies even where the functions of one profession may overlap with those of another profession. However, such an AOM is not required for claims (1) solely involving matters of common knowledge; (2) based on a defendant's conduct outside the scope of his or her professional duties; (3) of intentional
page5image18856 page5image19016 page5image19176 page5image19336 page5image19496 page5image19656 page5image19816 page5image19976 page5image20136 page5image20296 page5image20456 page5image20616

wrongdoing; or (4) based exclusively on theories of vicarious liability or agency.
Applying these principles here, we reverse the trial court's interlocutory order permitting a licensed engineer to issue an AOM against defendant architects regarding alleged negligence in design and construction contract administration. Even though there is some overlap between these two professions, the statute requires an AOM from a like-licensed architect. We remand to allow plaintiff to obtain such an affidavit.