Court: Late Affidavit of Merit Sinks Developer's Breach-of-Contract Suit
A federal judge in Camden has tossed a developer's suit against a soil-testing company for failure to submit a timely affidavit of merit, rejecting the plaintiff's argument that no affidavit is required for a breach-of-contract claim.
September 18, 2017 at 04:04 PM
3 minute read
A federal judge in Camden has tossed a developer's suit against a soil-testing company for failure to submit a timely affidavit of merit, rejecting the plaintiff's argument that no affidavit is required for a breach-of-contract claim.
An affidavit is needed because the plaintiff claimed the defendant's report was faulty and because expert testimony would be needed to evaluate the complaint, U.S. District Judge Jerome Simandle ruled Friday in Frontier Development v. Craig Test Boring.
Frontier hired Craig Test Boring Co. to perform soil tests on the site of a proposed commercial building in Egg Harbor Township. Craig Test Boring subcontracted with Craig Testing Laboratories to perform the test and prepare the report. Frontier contended that the report's findings were flawed, and that its construction project was delayed by the need to remove loose ground under the topsoil, contrary to the report.
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