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ARTICLE · 27 AUGUST 2020

Certificate Of Merit Requirements In Texas

Kane Russell Coleman Logan PC
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In order to assert a professional negligence claim in Texas against an architect, professional engineer, registered landscape architect, or registered professional land surveyor, the claimant...

United StatesReal Estate and Construction
Brian M. Stork
Brian M. Stork
Ruwendika DeSilva
Ruwendika DeSilva
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In order to assert a professional negligence claim in Texas against an architect, professional engineer, registered landscape architect, or registered professional land surveyor, the claimant must file a certificate of merit prepared by an outside expert when initiating a lawsuit. The purpose of this statutory requirement is to discourage frivolous claims that serve to increase construction costs. This post outlines key issues regarding deadlines and requirements for filing a certificate of merit, as well as the potential consequences if the claimant fails to comply with statutory requirements.

Substantive Requirements

Section 150.002 of the Texas Civil Practice and Remedies Code outlines the necessary requirements for the certificate of merit. Subsection (a) states the certificate of merit must be in the form of an affidavit. The affidavit must be carried out by a "third-party licensed architect, licensed or registered professional engineer, registered landscape

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