Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Architect Liability and New Jersey Engineer Liability

Read below to learn more about this topic.

Or, to receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

The information in this article is only for New Jersey Law Division, Civil Part cases and not for other New Jersey court cases, such as those in New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court!!! Do not use this article if you have a New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court case!!! Also, no website is a substitute for competent advice from a New Jersey lawyer!

Warning – this article does not necessarily include each and every New Jersey court rule that may apply to your New Jersey case! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law. The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated. Accordingly, this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Further, effective dates of the laws are not necessarily included in the database. Accordingly, you should not rely upon the statutes, rules, codes, files or forms on this website contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with an attorney for any changes in the laws. Be certain to cross reference all applicable rules before preparing, filing or serving any papers!!! For example, Special Civil Part Rules often cross reference other rules – rules that apply to Special Civil Part Cases as well as to other types of civil cases not being heard in Special Civil Part.

NEW JERSEY ARCHITECT NEGLIGENCE CASES AND NEW JERSEY ENGINEER NEGLIGENCE CASES

WHAT IS A NEW JERSEY “TORT” CASE?
There are two basic types of New Jersey civil lawsuits in New Jersey – “tort” cases and “contract” cases. A New Jersey “tort” case is a category or type of case other than one based upon a contract. A New Jersey negligent hiring case is a “tort” case when the parties involved in the case do not have some type of contract with one another.

WHAT IS “NEGLIGENCE” UNDER NEW JERSEY LAW?
Negligence may be defined as a failure to exercise, in the given circumstances, that degree of care for the safety of others, which a person of ordinary prudence would exercise under similar circumstances. It may be the doing of an act which the ordinary prudent person would not have done, or the failure to do that which the ordinary prudent person would have done, under the circumstances then existing. Negligence is defined as conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm. Under New Jersey law, negligence as it is commonly understood is conduct that creates an undue risk of harm to others. Negligence is the failure to use that degree of care, precaution and vigilance which a reasonably prudent person would use under the same or similar circumstances. It includes both affirmative acts which a reasonably prudent person would not have done and the omission of acts or precautions which a reasonably prudent person would have done or taken in the circumstances. By “a reasonably prudent person” it is not meant the most cautious person nor one who is unusually bold but rather one of reasonable vigilance, caution and prudence. In order to establish negligence, it is not necessary that it be shown that the defendant had an evil heart or an intent to do harm. The New Jersey defendant's conduct is compared with that which the hypothetical person of reasonable vigilance, caution and prudence would have exercised in the same or similar circumstances or conditions. The conduct of the reasonable New Jersey defendant will vary with the situation with which the New Jersey defendant is confronted. To summarize, every person is required to exercise the foresight, prudence and caution which a reasonably prudent person would exercise under the same or similar circumstances. New Jersey negligence is a departure from that standard of care.

WHAT IS A NEW JERSEY PROFESSIONAL NEGLIGENCE ARCHITECT CLAIM OR A NEW JERSEY PROFESSIONAL NEGLIGENCE ENGINEER CLAIM?
• A New Jersey architect malpractice claim and New Jersey Engineer malpractice claim accrues when the New Jersey architect or New Jersey engineer breach of a New Jersey professional duty proximately causes a New Jersey plaintiff's damages.
• The New Jersey plaintiff will claim that the New Jersey architect or New Jersey engineer was negligent because the New Jersey architect or New Jersey engineer did not comply with the standard of care that New Jersey law imposes upon him/her while performing the work under the New Jersey architect or New Jersey engineer’s contract.
• The New Jersey plaintiff will claim that as a result of the New Jersey architect or New Jersey engineer's negligence, the New Jersey plaintiff suffered injury for which damages are sought.

How Does A Person Prove That A New Jersey Architect Or New Jersey Engineer Was Negligent?
• The obligation or duty which New Jersey law imposes on the New Jersey architect or New Jersey engineer is to bring to the New Jersey architect or New Jersey engineer’s client that knowledge, skill, judgment and taste ordinarily possessed and exercised in similar situations, in the same or similar communities, in the New Jersey architect or New Jersey engineer’s field at the time of the undertaking.
• The New Jersey architect or New Jersey engineer represents that the New Jersey architect or New Jersey engineer has and will use the degree of knowledge, skill, judgment and taste ordinarily possessed and used by the average architect in the profession.
• Further, the New Jersey architect’s or New Jersey engineer’s conduct must be measured by the standard New Jersey architectural practice or standard New Jersey engineering practice, in the same or similar communities, at the time the New Jersey architect or New Jersey engineer was performing the New Jersey architect or New Jersey engineer’s services.
• Thus the New Jersey architect or New Jersey engineer has the duty to have and to use that degree of judgment, knowledge, skill and taste which architects of ordinary ability possess and exercise, in the same or similar communities, at the time the New Jersey architect or New Jersey engineer performs the New Jersey architect or New Jersey engineer’s services.
• New Jersey law does not expect or require perfection.
• Unsatisfactory results, alone, are not necessarily evidence of lack of skill or proper care.
• If a New Jersey architect or New Jersey engineer has exercised that degree of knowledge, skill, judgment and taste which is possessed and used by the average architect, then they are not liable for negligence even though unsatisfactory results may have occurred.
• Further, where, according to standard architectural or engineering practice, the work involves matters to be subjected to the judgment of the New Jersey architect, the New Jersey architect or New Jersey engineer is allowed to exercise that judgment.
• The New Jersey architect or New Jersey engineer is not liable if, in the exercise of that judgment, in accordance with accepted standard, a bad result occurs.
• If in the exercise of the New Jersey architect or New Jersey engineer’s judgment the New Jersey architect or New Jersey engineer selects one or two or more courses of action, each of which under the circumstances has substantial support as proper practice in the New Jersey architectural profession or engineering profession, the New Jersey architect or New Jersey engineer is not negligent even if the course chosen produces a poor result.
• However, the New Jersey architect or New Jersey engineer who departs from standard New Jersey architectural practice or standard New Jersey engineering practice cannot excuse himself/herself from the consequences by stating it was an exercise of the New Jersey architect or New Jersey engineer’s judgment.
• If the exercise of the New Jersey architect's or New Jersey engineer’s judgment causes him/her to do that which standard architectural or engineering practice forbids, the New Jersey architect or New Jersey engineer is negligent.
• Similarly, the New Jersey architect or New Jersey engineer is negligent if the New Jersey architect or New Jersey engineer’s judgment causes him/her to omit doing something which under the circumstances is required by standard New Jersey architectural practice or standard New Jersey engineering practice.
• If the New Jersey architect or New Jersey engineer has complied with this New Jersey architectural practice standard or New Jersey engineering practice standard, the New Jersey architect or New Jersey engineer is not liable to the New Jersey plaintiff, regardless of the result of the New Jersey architect or New Jersey engineer’s work.
• If the New Jersey architect or New Jersey engineer has departed from this New Jersey architectural practice standard or New Jersey engineering practice standard of care, and that departure resulted in injury or damage, then the New Jersey architect or New Jersey engineer is liable for the New Jersey architect or New Jersey engineer’s negligence.

NEW JERSEY EXPERT TESTIMONY IS OFTEN NECESSARY TO PROVE A NEW JERSEY ARCHITECT OR NEW JERSEY ENGINEER COMMITTED NEGLIGENCE BY DEVIATING FROM THE ACCEPTED STANDARD OF CARE
• In a New Jersey lawsuit against the New Jersey architect or New Jersey engineer, New Jersey jurors often are not qualified to supply the standard of care by which to measure the New Jersey architect or New Jersey engineer's conduct.
• Based upon their common knowledge alone, without technical training, New Jersey jurors may not be able to understand what conduct constitutes standard New Jersey architectural practice or standard New Jersey engineering practice.
• Therefore, ordinarily, when the New Jersey architect or New Jersey engineer is charged with negligence, the standard of practice by which the New Jersey architect or New Jersey engineer’s conduct is to be judged must be furnished by New Jersey expert testimony; that is to say, by the testimony of persons who by knowledge, training or experience are deemed qualified to testify and to express their opinions on standard architectural or engineering practice.
• New Jersey jurors should not speculate or guess about the standards which the average New Jersey architect or New Jersey engineer should follow.
NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your New Jersey case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.
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