Design Professionals and Certificates of Merit in Texas

1. Contractor's Right to Payment
2. Contractor's Remedies Prior to Owner's Material Breach
1. Stop Work
1. Prompt Pay Statutes
2. Contractual Rights
2. Pre-Breach Dispute Resolution Procedures
3. Mechanic's Liens
1. Constitutional Lien
2. Statutory Lien
3. Contractor's Remedies After Owner's Material Breach
1. Suspension of Work
2. Waive the Breach and Complete Performance
3. Termination by Contractor
4. Rescission and Quantum Meruit
4. Contractor's Remedies After Contractor's Breach
5. Conclusion

It has become axiomatic that in order to pursue a claim of professional negligence against an architect or engineer in Texas, the claimant must establish a breach of the standard of care through expert testimony. Texas, however, has established a statutory scheme that places an additional burden on any person claiming damages against an architect or engineer. Specifically, a claimant must obtain a certificate of merit that establishes the existence of a negligent act by the architect or engineer along with an explanation of the basis for the claim. Although there is a dearth of authority interpreting the Texas statute, this paper is intended to generally outline some issues of importance.

Full Text

This paper is available as a benefit of membership to Construction Law Section members. If you are already a member, just use one of the links above and enter your username and password when prompted. Here's how to join Construction Law Section and gain access to this material.

You must have the free Adobe Acrobat Reader 4.0 (or greater) installed in your computer in order to view or print this paper. It is available as free download from the Adobe Web site. If you do not have Acrobat Reader installed, click the link to the left to download it. If menu window opens before the paper, choose the "View" option.