In a Win for Design Professionals, California Court of Appeals Holds That Relation-Back Doctrine Does Not Apply to Certificate of Merit Law

Garret Murai | California Construction Law Blog | December 5, 2017 The year was 1995. The old guard was still in power in Sacramento. “Button-Down” Pete Wilson was Governor. Willie Brown, the self-nicknamed “Ayatollah of the Assembly,” was Speaker of the Assembly. And Bill “Huggy” Lockyer was Senate Pro Tem. Names that, for many reasons as… Continue reading In a Win for Design Professionals, California Court of Appeals Holds That Relation-Back Doctrine Does Not Apply to Certificate of Merit Law

Understanding the Details: Suing Architects and Engineers Can Get Technical

Steven M. Cvitanovic | Haight Brown & Bonesteel | October 27, 2017 Before suing an architect or engineer for professional negligence, a plaintiff must obtain a “certificate of merit” (“Certificate”) under Code of Civil Procedure section 411.35. Boiled down to the basics, the Certificate declares that the attorney consulted with and received an opinion from… Continue reading Understanding the Details: Suing Architects and Engineers Can Get Technical

Killing Meritless Claims against Design Professionals – Can a Certificate of Merit be the Answer to Ending Frivolous Lawsuits?

Kent B. Scott | Babcock Scott & Babcock | June 27, 2017 Introduction The problem of meritless lawsuits against design professionals continues to grow causing a great deal of time, money and unproductive use of the judicial process.  Just as important is the stress and unwarranted damage that could occur to a design professional’s reputation… Continue reading Killing Meritless Claims against Design Professionals – Can a Certificate of Merit be the Answer to Ending Frivolous Lawsuits?

Nevada Department of Transportation (NDOT) is Not a Design Professional for Certificate of Merit Purposes

Brian K. Walters | Gordon & Rees LLP | June 6, 2016 Like many states, Nevada has heightened requirements for actions against design professionals for professional negligence. Commonly known in other jurisdictions as a “certificate of merit”, NRS 11.256 – NRS 11.259 require that a complaint filed against a design professional in the nonresidential construction… Continue reading Nevada Department of Transportation (NDOT) is Not a Design Professional for Certificate of Merit Purposes

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