The Affidavit of Merit Statute (Statute) was conceived to “weed out” frivolous claims against professionals (i.e. attorneys, doctors, engineers, etc.).  Under the Statute, when a professional is sued, the claimant is required to submit an affidavit within 90 days of the filing of a complaint that is authored by a similar professional with special skills concluding that the professional, subject of the claim, was negligence.

Anyone who has been sued by another can assert claims against third-parties to require those third-parties to pay all or part of the injured party’s losses.  In those cases where the third-party is a professional, the question whether the Statute applies is always an issue.

Recently, the Appellate Division determined that the Statute would not apply to a defendant/landowner who filed a third-party complaint against the engineer who prepared a faulty survey for the defendant/landowner.  There were special circumstances in the case that  motivated the court’s decision.  There is language in the case, however, that suggests that in other circumstances the Statute will apply.