A federal judge in Camden has tossed a developer’s suit against a soil-testing company for failure to submit a timely affidavit of merit, rejecting the plaintiff’s argument that no affidavit is required for a breach-of-contract claim.

An affidavit is needed because the plaintiff claimed the defendant’s report was faulty and because expert testimony would be needed to evaluate the complaint, U.S. District Judge Jerome Simandle ruled Friday in Frontier Development v. Craig Test Boring.