Real Estate and Construction associate Daniel Miktus in Washington, D.C. recently authored an article for Law360 titled "Certificate of Merit Considerations in Designer Error Suits." Holding a design professional accountable for errors and omissions demands careful consideration of the standard of care that governs the design professional. Some states have what are commonly referred to as "certificate of merit" statutes, which require a third-party expert to formally certify that the design professional failed to meet the applicable standard of care. Failing to comply with these types of requirements may result in your claim being dismissed.
"As soon as you identify a potential claim against a design professional, determine whether a certificate of merit statute or other procedural requirements apply in your state, and follow all steps to comply with the law," said Miktus.