Levinson Alcoser Associates, L.P. v. El Pistolon II, Ltd. (Opinion)Annotate this Case
Landowner hired Architects to design a commercial retail project and oversee construction. Landowner subsequently sued, alleging breach of contract and negligence in the project’s design and negligence. With its original petition, Landowner filed a third-party licensed architect’s affidavit stating his professional opinion about Architects’ work. Architects filed a motion to dismiss, arguing that the affidavit did not meet the requirements for a certificate of merit under Tex. Civ. Prac. & Rem. Code 150.002(a)-(b). The trial court denied the motion to dismiss. The court of appeals affirmed the order denying dismissal of the negligence claim but reversed the order as to the contract claim, concluding that the affidavit at issue was deficient as to that claim. Architects appealed. The Supreme Court reversed, holding that neither the affidavit nor the record confirmed that the affiant possessed the requisite knowledge to issue the certificate of merit, and therefore, the certificate was not sufficient for Landowner’s negligence claim to proceed.