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New Jersey Supreme Court Expands Liability for Engineering Professionals
Carvalho v. Toll Bros. and Developers
143 N.J. 565 (1996)
In a unanimous 7-0 decision on May 6, 1996, the New Jersey Supreme Court held that an independent engineering firm has a duty of care for worker health and safety at a construction site. Connell Foley LLP associate Steve Barnett submitted a brief on behalf of amicus curiae, New Jersey Society of Professional Engineers, in the case, Carvalho v. Toll Bros. and Developers.
Carvalho arose out of a December 27, 1987 accident on a municipal sewer construction project. The employee of an excavation subcontractor died when an unshored trench collapsed and crushed him. Pursuant to its contract with the township, the engineering firm had a site representative present to inspect materials being used and the amount of work being done. The inspector was not a professional engineer or an industrial hygienist; he merely held a bachelor of science degree in Earth Sciences. The engineer was aware that the trench had collapsed previously in other areas and, on the day of the accident, he had been watching work in the unshored trench.
In its decision, the New Jersey Supreme Court found that the engineering firm had no contractual responsibility for site safety. The Court found, however, that the engineering firm's representative as well as the engineering firm had a duty to exercise reasonable care. The New Jersey Supreme Court remanded the matter for trial to determine whether that duty had been breached. Thereafter, the matter was settled.
The Carvalho decision may be interpreted by some as imposing liability on professionals for recognized occupational hazards outside the scope of their contract or job description. Therefore, engineers, architects, land surveyors, industrial hygienists, safety engineers, and other professionals should continue to exercise due care in response to recognized occupational hazards.
For further information about the Carvalho decision and matters relating to professional liability, please contact Steve Barnett.
© 1996 Connell Foley LLP . The foregoing is provided for informational purposes only and not as legal advice. Any questions about the law or your rights and obligations should be reviewed by legal counsel engaged by you and provided with your specific fact situation.
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