Law360 Guest Article: More Proof Of Texas Courts' Split On Certificate Of Merit


In suits arising from the provision of professional services, the certificate of merit provides a “basis for the trial court to conclude that the plaintiff’s claims are not frivolous.” See, e.g., Dunham Engineering Inc. v. The Sherwin-Williams Co., --- S.W.3d ---, at *9 (Tex. App. — Houston [14th Dist.] 2013, no pet. h.).

The certificate of merit is an affidavit by a third-party licensed professional. See generally, Tex. Civ. Prac. & Rem. Code. at §§ 150.001, — 002 (“Chapter 150”).[1] The current version of the Texas Certificate of Merit Statute (the “2009 statute”) requires the affidavit to

set forth 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; opinion or a similar professional skill claimed to exist and the factual basis for each such claim.

Excerpted from Law360, October 25, 2013. To read the full article, click on the PDF linked below.

Law360 More Proof Of Texas Courts Split On Certificate Of Merit Grosdidier 102413.pdf

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