Tomorrow, September 11, a panel of judges on the Appellate Division's Part B will hear oral argument in Borough of Caldwell v. Cozzarelli-Cirminiello Architects, LLC.  The case is before the Appellate Division following the grant of defendant’s motion for leave to appeal the denial of its motion to dismiss the Complaint.

 

The parties entered into contracts for defendant to provide architectural and engineering services to the Borough as to certain municipal buildings. The Borough paid certain monies but then sued to recoup payment, asserting breach of contract, unjust enrichment, and violation of the New Jersey Consumer Fraud Act.   Defendant filed a motion to dismiss, but the Law Division denied that motion. Defendant sought leave to appeal, which the Appellate Division granted.

 

The Borough alleges, among other things, that after it had made payment, a forensic investigation revealed that defendant had double-billed for the same services and had been paid for services that turned out not to have been performed at all.  Defendant contends, among other things, that there was no issue as to its performance or payment, and that after a change in political control, the Borough realized that it had exhausted its bonding capacity and sued solely in an effort to find some more money.  Either way, the case has public policy implications. 

 

The briefs in this appeal are available here.  The oral argument can be viewed at this link.