Certificates of Merit in Three [Long] Sentences

texas construction law engineer engineering certificate affidavit meritA plaintiff must file a third-party affidavit with his or her complaint in any legal proceeding for damages arising out of the provision of professional services by a licensed/registered architect, licensed professional engineer, registered professional land surveyor, registered landscape architect, or any firm in which such licensed or registered professional practices.

The affidavit must be authored by a particularly licensed professional who: (1) is competent to testify; (2) holds the same professional license or registration as the defendant; and (3) is knowledgeable in the area of practice of the defendant and offers testimony based on the person’s knowledge, skill, experience, education, training, and practice.

The affidavit must state “specifically for each theory of recovery for which damages are sought, the negligence, if any, or other action, error, or omission of the licensed or registered professional in providing the professional service, including any error or omission in providing advice, judgment, opinion, or a similar professional skill claimed to exist and the factual basis for each such claim.”

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

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