law-certificate-of-merit in professional negligence malpractice suit |
HOUSTON CASE LAW ON CERTIFICATE OF MERIT IN LAWSUIT AGAINST
PROFESSIONAL SERVICE PROVIDER
Curtis & Windham Architects, Inc. (Tex.App.- Houston [1st Dist.] Feb. 25, 2010)(Jenning)
(action complaining of overbilling did not arise from provision of professional services; hence no certificate of merit
required to support claim)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Jennings
Before Justices Jennings, Higley and Sharp
01-09-00760-CV Curtis & Windham Architects, Inc., Russel Windham and William Curtis
v. John E. Williams and Sheridan Williams
Appeal from 127th District Court of Harris County
Trial Court Judge: Hon. Ravi K. Sandill
Ashkar Engineering Corp. v. Gulf Chemical & Metallurgical Corp. (pdf) (Tex.App.- Houston [1st Dist.] Feb. 4, 2010)
(interlocutory appeal in an industrial construction design defect suit, claim against a licensed professional
engineering firm, failure to file a certificate of merit required by statute)
We conclude that the substance of GCMC’s claims constitute negligence claims because the acts or omissions complained of
amount to a claimed departure from accepted standards of the practice of engineering. As such, all of GCMC’s claims, without regard
to their titles, are subject to the requirements of Chapter 150.
Because, as we concluded above, GCMC failed to timely comply with Section 150.002, the trial court was required, on Ashkar’s
motion, to dismiss the suit. We hold that the trial court erred by denying Ashkar’s motion to dismiss GCMC’s claims.We reverse the
order of the trial court and remand for entry of judgment dismissing GCMC’s claims.
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS:
Opinion by Justice Higley
Before Chief Justice Radack, Justices Alcala and Higley
01-09-00855-CV Ashkar Engineering Corporation v. Gulf Chemical & Metallurgical Corporation
Appeal from 215th District Court of Harris County
Trial Court Judge: Hon. Steven E. Kirkland
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