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Individuals and businesses rely upon engineers and architects to design and build the places we live, work, and visit in a manner that comports with the highest professional standards to ensure their safety. Engineers and architects can potentially be liable for failure to comply with building codes, permits zoning laws, or other safety regulations. If a building is found to be unsafe or unsound, the engineers and architects that provided the design and plans can potentially be held responsible. Additionally, if an engineer or architect reviews plans for a client to determine the soundness of the structure, they may also be liable if they acted negligently. Because of the nature of work typically performed by engineers and architects, the claims against them can be related to property damage and also personal injuries caused by faulty designs.
- Serious Injury
- Financial Loss
Yes. Under the Texas Civil Practice & Remedies Code, there are certain procedural requirements related to a “certificate of merit” that must be followed when filing a lawsuit against architects, professional engineers, and land surveyors. If these requirements are not met, the court will dismiss the lawsuit no matter how meritorious the claim may be.
A certificate of merit is a sworn affidavit from a third party holding the same license as the person being sued that details “any error or omission in providing advice, judgment opinion, or a similar professional skill claimed to exist”.
If the certificate of merit is not timely filed, the court will dismiss the lawsuit.