Melissa Brown and Amanda King of Marks O’Neill’s New Jersey office were successful in obtaining dismissal of all claims filed by a contractor against our client, an architect.  Our client contracted with a local school for the provision of professional services to design athletic fields.  The local school also entered into a contract with the Plaintiff, a contractor, for the construction of the fields.  Plaintiff filed a lawsuit against our client alleging professional malpractice related to the design.  Plaintiff also alleged claims against the school for breach of contract.  Our attorneys sought dismissal of Plaintiff’s claims pursuant to the economic loss doctrine.  We highlighted that Plaintiff’s tort claims were nothing more than breach of contract claims cloaked in tort clothing.  We argued that the parties were sophisticated business entities that entered into interrelated contracts which allocated risks and responsibilities pursuant to the terms.  Finally, we took the position that Plaintiff’s suit which sought purely economic losses was barred by the economic loss doctrine as Plaintiff had a remedy against the party with whom it contracted and that the Court should not disturb the provisions set forth in the contract by providing the Plaintiff with a remedy beyond what it bargained for.  The trial court agreed and dismissed all claims against our client with prejudice.