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Abstract
In the last legislative session, the Texas legislature enacted a number of laws aimed at tort reform. For the most part, one does not think of tort reform as having a direct impact on the construction industry, or on owners, contractors or design professionals. House Bill 4 was an exception, in that it contained a revision to the Texas Civil Practice and Remedies Code dealing directly with construction matters. Article 20 of House Bill 4 amended the Texas Civil Practice and Remedies Code by adding Chapter 150 regarding design professionals. The new Chapter establishes a requirement that any civil action alleging negligence on the part of design professional be supported by the contemporaneous filing of an affidavit identifying the specific, negligent act or omission, and the underlying factual basis for the allegation. Unlike other sworn pleadings, this affidavit is not required of the plaintiff: this affidavit must be obtained from a third-party design professional. This affidavit is referred to as the “Certificate of Merit.”
While dramatic in its effect, the statute is not lengthy. It contains one definition and five subsections, three of which consist of a single sentence.
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