In 1995, the New Jersey Legislature enacted N.J.S.A. 2A:53A-27, more affectionately known as the Affidavit of Merit Statute. This well-intentioned piece of legislation was passed in an effort to weed out frivolous malpractice claims against professionals—including design professionals—early in the litigation process.
The Affidavit of Merit Statute requires that a plaintiff alleging professional malpractice against a “licensed person,” as defined by N.J.S.A. §2A:53A-26, serve an affidavit of merit within 60 days of the date a defendant professional files his or her answer. Only once may the plaintiff extend the deadline to serve an affidavit of merit for an additional 60 days upon filing a motion showing good cause. However, upon expiration of the 120-day deadline without an appropriate affidavit, the plaintiff shall be deemed to have failed to state a cause of action, and the complaint shall be dismissed with prejudice. N.J.S.A. 2A:53A-29; see also Cornblatt v. Barow, 153 N.J. 218 (1998).
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