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Failure to file Certificate of Merit Requires Case to be Dismissed with Prejudice

by Kent Holland | Jan 9, 2023 | Newsletter Article

Where a contractor’s laborer died from poisonous gas exposure when he went into a manhole, his family filed suit against an Engineering firm alleging that the firm was negligent is causing the individuals death.  They failed to include a certificate of merit with...

Suit Dismissed with Prejudice because Failed to File Certificate of Merit

by Kent Holland | Aug 2, 2019 | Newsletter Article

A lawsuit by Texas Southern University against architects and engineers was dismissed with prejudice where the plaintiff failed to file a certificate of merit with its complaint. The trial court did not abuse its discretion if refusing to allow an extension of time...

Certificate of Merit not Required with Joinder Complaint against Architect

by Kent Holland | Mar 1, 2019 | Newsletter Article

General contractor (GC) filed a joinder complaint to join an architect in a suit brought by a subcontractor against the GC based on GC’s failure to grant a change order that was alleged required due to defective plans and specifications. The GC didn’t submit a...

Texas Certificate of Merit Requirement Does not apply to Third-Party Contribution Claims

by Kent Holland | May 13, 2018 | Newsletter Article

Engineer sued its client for unpaid fee. The client counterclaimed, alleging that engineering designs contained errors, omissions, and other deficiencies that caused the owner to sustain damages. The Engineer, while denying that there were any defects in the...

Suit Dismissed with Prejudice because Certificate of Merit not filed with Complaint

by Kent Holland | Feb 7, 2018 | Newsletter Article

A crane operator that sustained injuries when his crane tipped over filed a professional negligence claim against an engineering firm. The complaint was filed two days before the running of the statute of limitations and failed to include a certificate of merit that...
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