McElwee Group, LLC v. Municipal Authority of the Borough of Elverson

MEMORANDUM

EDUARDO C. ROBRENO, District Judge.

Defendant Spotts, Stevens & McCoy, Inc. (SSM) has moved to dismiss the sole remaining claim against it, for fraud, on the grounds that (1) Plaintiff did not comply with the certificate of merit requirement and/or (2) the fraud claim is barred by the economic loss doctrine.

For the reasons that follow, SSM’s motion to dismiss will be denied.

I. BACKGROUND

Plaintiff is the McElwee Group, LLC, a general contractor. Defendants are SSM, an engineering firm, and the Municipal Authority of the Borough of Elverson (MABE), 1 a governmental entity.

SSM, pursuant…