Certificate of Merit--CPRC 150

Question 1

When is a Certificate of Merit Required?

Answer 1

In any action or arbitration proceeding for damages arising out of the provision of professional services by a licensed or registered professional.

Question 2

What Qualifications Must the Third Party Expert have?

Answer 2

(1) is competent to testify;
(2) holds the same professional license or registration as the defendant; and
(3) is knowledgeable in the area of practice of the defendant and offers testimony based on the person’s:

(A) knowledge;

(B) skill;

(C) experience;

(D) education;

(E) training; and

(F) practice.

Question 3

What Must be in the Certificate?

Answer 3

The affidavit shall 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 professional in providing the professional service, including any error or omission in providing advice, judgment, opinion, or a similar professional skill claimed to exist and the factual basis for each such claim. The third-party professional shall be licensed or registered in this state and actively engaged in the practice of architecture, engineering, or surveying.

Question 4

When Shall the Certificate be Filed?

Answer 4

The contemporaneous filing requirement of Subsection Contemporaneously with filing the petition unless: (1) the period of limitation will expire within 10 days of the date of filing and, because of such time constraints, the plaintiff has alleged that an affidavit could not be prepared. In such cases, the plaintiff shall have 30 days after the filing of the complaint to supplement the pleadings with the affidavit. The trial court may, on motion, after hearing and for good cause, extend such time as it shall determine justice requires.

Question 5

Does the Defendant have to Answer if no Certificate has been filed?

Answer 5

No, The defendant shall not be required to file an answer to the complaint and affidavit until 30 days after the filing of such affidavit.

Question 6

What are the consequences of not timely filing a certificate of merit?

Answer 6

Dismissal of the complaint against the defendant. This dismissal may be with prejudice.