Failing to Meet the Threshold for a Certificate of Merit

The owners and occupants of a medical office building sued TDI, the company that installed the plumbing system, alleging a number of defects that caused mold and “brown water.” TDI filed a motion to dismiss based on the plaintiffs’ failure to file a certificate of merit, which is required when the plaintiff’s claims arise out of the provision of professional services by certain types of licensed or registered professionals, including engineers and architects. See Tex. Civ. Prac. & Rem. Code § 150.002. The trial court denied the motion to dismiss, and the Court of Appeals affirmed on interlocutory review. The only evidence TDI had offered to show it was a “licensed or registered professional” was a printout of search results from a government registry of engineering firms, and that printout showed nothing regarding TDI’s alleged status as a licensed or registered engineering firm. Based on that evidence, the trial court did not abuse its discretion in concluding that TDI had failed to meet its burden of showing itself to be a licensed or registered professional, and the certificate of merit requirement therefore did not apply.

TDIndustries v. My Three Sons, Ltd., No. 05-13-00861-CV