Experienced Legal Counsel

Architects, Engineers, Surveyors, LSRPs, & Construction Professionals

Professional Liability, including Architect’s, Engineer’s, and Surveyor’s Malpractice
LSRP and Environmental Professional Liability
Actions before Professional Boards
Legal Counsel During Ongoing Projects
General Liability Insurance Defense including Premises and Commercial property Liability

Construction Law Litigation including Construction and Design Defects
Litigation, Arbitration and Mediation of Design Defect, Construction Defect and Delay Claims
Personal Injury and Worksite Accidents, Property Damage, Premises Liability and Subrogation Claims

Preparation, Review and Negotiation of Construction Contracts
AIA Contracts
EJCDC Contracts
State and Federal Construction Contracts
Commercial and Residential Construction Contracts

Counseling for Professional Standard of Care
Provide Continuing Education for Ethical Obligations
Counseling for Construction Code Compliance
Counseling for OSHA Compliance
Counseling for ADA Compliance
Counseling for Environmental Regulatory Compliance

About The Firm

Thompson Becker emphasizes the representation of design professionals such as architects, engineers, land surveyors, and LSRPs, as well as related construction professionals and contractors.

In addition to being educated in the law, our members are educated in civil engineering, environmental engineering, and mechanical engineering. One of our attorneys is also a licensed engineer having been a practicing structural engineer. Another attorney is a licensed patent agent.

Our firm rivals in size, if not exceeds, the number of attorneys representing design and related-professionals in larger multi-department law firms.

As a result of this combination of technical knowledge and legal experience, Thompson Becker provides its clients with first class representation whether it be litigation, dispute resolution, or contract negotiation.

FIRM NEWS

John Becker and Fred Mahar present Engineering Ethics Seminar for NSPE-NJ

Court Applies “Ongoing Snow Storm” in Granting Defendants Summary Judgement Motion

John King Argued Limitation of Liability Clause, Court Held Enforceable

John Becker and Fred Mahar obtained an allocation of no liability and $0 award in AAA binding Arb

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COURT OPINIONS

Paragon v. Peachtree Condominium Assoc., 406 N. J. Super. 568 (App. Div. 2009)

This case involved a construction project wherein the contractor filed an action seeking damages from the condominium association regarding certain unpaid fees allegedly owed to the contractor for completed construction work. The condominium association filed a third-party complaint against the engineering firm, alleging that the engineering firm performed incomplete and defective design work in connection with the project. When no affidavit of merit was served within 120 days of the engineering firm filing its answer to the third-party complaint, the engineering firm filed a motion to dismissal the third-party complaint pursuant to the affidavit of merit statute.

The Superior Court, Law Division, granted the engineering firm’s motion to dismiss. The condominium association moved for leave to appeal, which the Superior Court, Appellate Division, denied. However, the Supreme Court granted leave to appeal and summarily remanded the matter to the Superior Court, Appellate Division to rule on the appeal.

The Superior Court, Appellate Division held that: (1) application of the doctrine of substantial compliance with the affidavit of merit was not warranted; (2) extraordinary circumstances were not presented that excused the condominium association’s failure to comply with the affidavit of merit statute; (3) a trial court’s failure to schedule the required case management conference does not toll the statutory deadline or otherwise excuse a malpractice claimant’s noncompliance with the affidavit of merit statute; and (4) determination that the condominium association failed to comply with affidavit of merit statute warranted remand for consideration of the condominium association’s common-knowledge argument.

Paragon Contractors, Inc. v. Peachtree Condo. Ass’n., 406 N.J. Super. 568 (App. Div. 2009), rev’d, 202 N.J. 415 (2010)

Trinity Church v. Lawson Bell, 394 N.J. Super. 159 (App. Div. 2007)

The Church filed a suit against the architect and several other defendants based on alleged construction defects. The Superior Court, Law Division entered summary judgment in favor of the defendants on grounds that the suit was filed beyond the statute of limitations. The Church appeal the dismissal.

The Superior Court, Appellate Division held that: (1) contract clause, providing that the statute of limitations for any cause of action arising under the contract would run from the date of “substantial completion,” was valid and enforceable under Pennsylvania law, and (2) the Church was not entitled to equitable tolling of the limitations period.

Accordingly the dismissal was affirmed.