Certificate of Merit Filed with Amended Complaint Doesn’t Make up for Failure to File with First Complaint
Certificate of Merit,Expert Affidavit
Email this page to a friend:
Where a certificate of merit is required by state statute to be filed with a complaint alleging negligence against a licensed design professional, a suit that failed to timely file such certificate must be dismissed with prejudice, and the plaintiff cannot correct the problem by filing an amended complaint and attaching a certificate of merit [...]
Email this page to a friend:
Requirements of Expert Affidavit of Lawsuit Merit
Certificate of Merit,Expert Affidavit,Standard of Care
Email this page to a friend:
Statutes in several states require that law suits against design professionals be accompanied by an affidavit of merit by an expert, attesting there is a reasonable probability that the defendant did not exercise the requisite standard of care. The issue to be decided by the court was whether the state statute required each defendant to [...]
Email this page to a friend:
Expert Affidavit Required with Complaint
Certificate of Merit,Design-Build,Expert Affidavit
Email this page to a friend:
A construction contractor on a design-build wastewater treatment construction project filed suit against the engineering firms that had entered with them into the design-build venture. A Georgia state statute requires that an expert affidavit be filed with a complaint alleging professional malpractice. The contractor failed to file such an affidavit with its complaint, and the [...]
Email this page to a friend:
Email this page to a friend:
A court dismissed a developer’s suit for fraud, negligent misrepresentation, and breach of warranty against the design firm (A/E) that provided engineering and surveying services for the development of a residential community. The developer argued that the A/E was negligent in failing to perform various tests to determine the extent to which the land was [...]
Email this page to a friend:
Certificate of Merit Filed with Amended Complaint Doesn’t Make up for Failure to File with First Complaint
ConstructionRisk.com Report Vol. #13, Issue #3
See article in the following topic indices:
Certificate of Merit
Email this page to a friend:
Where a certificate of merit is required by state statute to be filed with a complaint alleging negligence against a licensed design professional, a suit that failed to timely file such certificate must be dismissed with prejudice, and the plaintiff cannot correct the problem by filing an amended complaint and attaching a certificate of merit [...]
Email this page to a friend:
