Law Office Of Paul DePetris
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New Jersey Architect Lawsuit FAQs

INTRODUCTION
Read below to learn more about this topic.  Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email.  Warning – this article does not necessarily include every New Jersey court rule, code or law 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or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.  Before taking any action, read all applicable federal and state source law and case law and consult with an experienced Camden County dealer fraud attorney.  Court addresses, hours of operation and directions may change so check with the court in advance of mailing documents to court or going there!  Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!


NEW JERSEY ARCHITECT LAWSUIT FAQS


WHAT IS A NEW JERSEY ARCHITECT LAWSUIT?
A New Jersey architect lawsuit usually involves claims that the architect performed their job negligently and somehow breached their professional responsibility to a customer.  The New Jersey architect lawsuit arises when the New Jersey architect breaches a professional duty and that breach proximately causes a homeowner's damages.   In a New Jersey architect malpractice case the Homeowner will claim that the New Jersey architect was negligent because the New Jersey architect did not comply with the standard of care that the law imposes upon him/her while performing the work under the architect’s contract.  In the typical New Jersey architect lawsuit, the Homeowner will claim that as a result of the New Jersey architect's negligence, the Homeowner suffered injury for which damages are sought.  If you think you are a victim of New Jersey architect malpractice, let an experienced New Jersey malpractice attorney give you a no obligation phone consultation about your potential claim.


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 architect lawsuit is usually a “tort” case but it may also have elements of a contract case if the architect fails to do something under its contract with a homeowner.


WHAT IS “NEGLIGENCE” UNDER THE LAW?
In a New Jersey architect malpractice case, the issue is professional negligence – that is, whether the architect committed a negligent act.  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 The 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 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 Defendant will vary with the situation with which the 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.  Negligence is a departure from that standard of care.


HOW DOES A PERSON PROVE THAT AN ARCHITECT WAS NEGLIGENT?
In a New Jersey architect lawsuit, the obligation or duty which the law imposes on the architect is to bring to the architect’s client that knowledge, skill, judgment and taste ordinarily possessed and exercised in similar situations, in the same or similar communities, in the architect’s field at the time of the undertaking.  The architect represents that the architect has and will use the degree of knowledge, skill, judgment and taste ordinarily possessed and used by the average architect in the profession.  Further, in a New Jersey architect lawsuit, the architect’s conduct must be measured by the standard Architectural practice in the same or similar communities, at the time the New Jersey architect was performing the New Jersey architect’s services.    Thus the architect 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 architect performs the architect’s services.  The law does not expect or require perfection.    In a New Jersey architect malpractice case, unsatisfactory results alone are not necessarily evidence of lack of skill or proper care.  If the architect 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, in a New Jersey architect malpractice case where according to standard architectural practice, the work involves matters to be subjected to the judgment of the architect, the architect is allowed to exercise that judgment.  The architect 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 architect’s judgment the architect selects one or two or more courses of action, each of which under the circumstances has substantial support as proper practice in the architectural profession, the architect is not negligent even if the course chosen produces a poor result.  However, in a New Jersey architect lawsuit, the architect who departs from standard architectural practice cannot excuse himself/herself from the consequences by stating it was an exercise of the architect’s judgment.  In a New Jersey architect malpractice case, if the exercise of the architect's judgment causes him/her to do that which standard architectural practice forbids, the architect is negligent.  Similarly, the architect is negligent if the architect’s judgment causes him/her to omit doing something which under the circumstances is required by standard architectural practice.  In a New Jersey architect lawsuit, if the architect has complied with this architectural practice standard the architect is not liable to the Homeowner, regardless of the result of the architect’s work.  If the architect has departed from this architectural practice standard of care, and that departure resulted in injury or damage, then the architect is liable for negligence.   Don’t handle New Jersey architect malpractice case by yourself!   Let an experienced New Jersey malpractice attorney give you a no obligation phone consultation about your potential claim.




EXPERT TESTIMONY IS OFTEN NECESSARY TO PROVE A NEW JERSEY ARCHITECT LAWSUIT 
In a New Jersey architect lawsuit, jurors often are not qualified to supply the standard of care by which to measure the architect's conduct.  Based upon their common knowledge alone, without technical training, jurors in a New Jersey architect malpractice case may not be able to understand what conduct constitutes standard architectural practice.  Therefore, ordinarily, when the architect is charged with negligence, the standard of practice by which the New Jersey architect’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 practice.  Jurors aren’t allowed to speculate or guess about the standards which the average architect should follow.  If you think you are a victim of New Jersey architect malpractice, let an experienced New Jersey malpractice attorney give you a no obligation phone consultation about your potential claim.


AN EXPERIENCED NEW JERSEY MALPRACTICE ATTORNEY AVAILABLE TO HELP WITH YOUR NEW JERSEY ARCHITECT LAWSUIT
Disputes involving home renovations are commonplace today.   Don’t be another victim of architect malpractice or fraud or an architect’s failure to honor promises to you.   Did your architect project turn into a nightmare?  Does your architect contract look like it doesn’t comply with the law?  Let an experienced New Jersey malpractice attorney review your claim.   Are you dissatisfied with the work that an architect performed at your business?  Did an architect charge you for work without first getting you to sign a contract or a change order?   Did you pay an architect a deposit and they never returned to complete your architect job?  Let an experienced New Jersey malpractice attorney review the facts of your dispute and give you sound advice on your options under the law.  Why guess about your legal rights when you can have an experienced New Jersey malpractice attorney explain the law about architects and your rights.  Did an architect get you to sign a fraudulent contract?   Did an architect overcharge you for work at your home?  Did an architect or bill you for services that were never performed?  Did you receive substandard work from the architect?  Did an architect perform work that proved defective?.  Why settle for wondering what your rights are when a no obligation legal consultation is a phone call away?   Did an architect lie to you about their services?  Did an architect commit fraud against you?   Let an experienced New Jersey malpractice lawyer help you with your contractor dispute.  Did an architect fail to honor a warranty that they issued you?  Did an architect charge you for defective work?    Is an architect failing to return your calls about problems with their work or problems with their bill?    Let an experienced New Jersey malpractice attorney help you with your New Jersey architect malpractice case.  Paul DePetris has represented many homeowners in a variety of situations.   Use the services of an experienced New Jersey malpractice attorney to help you sort out your rights and to take the next step in your dispute.  Handling your New Jersey architect lawsuit 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 an experienced New Jersey malpractice attorney!  Not all New Jersey cases require you to pay expensive legal fees to get legal help.  Call or send an email to Paul DePetris for a one time no obligation consultation.  Why take a chance with your expensive improvements to your home?   Since proving these cases can be challenging, hire an experienced New Jersey malpractice attorney to help you with your case.

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