When Your Lawsuit Needs More Support: Texas Certificates of Merit

The certificate of merit requirement under Texas Civil Practice and Remedies Code Chapter 150 is a procedural mechanism designed to screen out unmeritorious claims against licensed or registered architects, engineers, landscape architects, and land surveyors (and their firms) at the outset of litigation. The statute mandates that a claimant file an affidavit from a third-party expert who holds the same professional license as the defendant and practices in the same area, specifically identifying the alleged professional errors or omissions and the factual basis for each theory of recovery.

This affidavit must be filed with the first pleading asserting a claim against the professional, unless a narrow exception applies when the statute of limitations is about to expire. The failure to timely and properly file a certificate of merit requires dismissal of the complaint, which may be with or without prejudice. The statute also provides for interlocutory appeal of dismissal orders and contains certain exceptions, such as for fee disputes and specific design-build project claims involving governmental entities.

What is a certificate of merit?

A certificate of merit is a written statement (an affidavit) from another professional who has the same license as the person or company you’re suing. This expert must be someone who works in the same field (for example, an architect for an architect, or an engineer for an engineer). The expert must explain, in their own words, what the professional did wrong and why they think it was a mistake.

When do you need to file it?

You must file the certificate of merit at the same time you file your lawsuit. There is a small exception: if you’re running out of time to file your lawsuit (the deadline is about to expire), you can file the certificate up to 30 days later, but you have to explain why you needed the extra time.

What happens if you don’t file it?

If you don’t include the certificate of merit when required, the court will usually dismiss your case. This means your lawsuit will not go forward, and in some cases, you might not be allowed to file it again.

Are there any exceptions?

Why does this rule exist?

The main reason for this rule is to prevent people from filing lawsuits against design professionals without a good reason. It makes sure that a qualified expert has reviewed the case and believes there is a real problem before the lawsuit can move forward.

If you have questions about whether you need a certificate of merit for your specific situation, it’s a good idea to talk to a Texas attorney who handles these kinds of cases.