This is a follow-up to our prior post summarizing the
Certificate of Merit Requirements in Texas. In this post,
we explore recent legislative changes to the certificate of merit
requirements and the application of such requirements to
third-party claims.
Legislative Changes in Affiant Requirements
In June 2019, the Texas Legislature amended the certificate of
merit statute in order to provide more clarity and protections for
licensed or registered design professionals in lawsuits asserted
against them arising out of their provision of professional
services. The amendments notably changed the requirements
concerning the qualifications necessary for the affiant, expanded
the scope of pleadings that must be filed with a certificate of
merit, and expanded the type of parties that must file a
certificate of merit.
