Melden & Hunt, Inc. v. East Rio Hondo Water Supply Corp. (Opinion)Annotate this Case
The trial court did not abuse its discretion by denying Defendant’s motion to dismiss based on the sufficiency of a certificate of merit supplied by Plaintiff.
Plaintiff, a water supply corporation, contracted with Defendant to provide engineering design and project supervision services for a new water treatment plant. After the project was substantially completed, Plaintiff sued Defendant and others involved in the contract, attributing poor water quality issues to the plant’s design and construction. To comply with the certificate-of-merit statute, Plaintiff filed the affidavit of a licensed professional with its original petition. In this interlocutory appeal, Defendant argued that the trial court erred in not dismissing Plaintiff’s complaint because the certificate of merit’s author was unqualified and the affidavit failed to provide the factual basis required by Tex. Civ. Prac. & Rem. Code 150.002. The Supreme Court affirmed.