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Sunday, March 15, 2015

GARDEN HOWE URBAN RENEWAL ASSOCIATES, L.L.C. VS. HACBM ARCHITECTS ENGINEERS PLANNERS, L.L.C. AND DEL-SANO CONTRACTING CORP. A-1144-13T2

GARDEN HOWE URBAN RENEWAL ASSOCIATES, L.L.C. VS. HACBM 
ARCHITECTS ENGINEERS PLANNERS, L.L.C. AND DEL-SANO 
CONTRACTING CORP. 
A-1144-13T2 
In this case, in which plaintiff is asserting claims of professional negligence against defendant architects, we hold that: (1) plaintiff's principal expert report should not have been barred because the report was written by two professional engineers and a code enforcement official rather than a licensed architect; (2) plaintiff established exceptional circumstances to extend the time for discovery pursuant to Rule 4:24-1(c) because its principal expert report was barred on the eve of trial; and (3) plaintiff's architectural expert should have been permitted to testify at trial concerning one of plaintiff's claims because, although the expert had not explicitly opined as to the standard of care applicable to this claim, that opinion was implicit in the expert's report. 02/26/15