Certificate of merit statutes require a claimant to file an affidavit from a qualified design professional attesting that the claim has merit, either with the complaint or within a defined period after filing.
Requirements specify the affiant's qualifications and the affidavit's content.
Alternative Names:
Affidavit of Merit (Design), Certificate of Review
Why it Matters?
These statutes are strictly enforced and provide a dismissal path independent of the merits, which makes verifying compliance the first step in any design professional defense. The recurring failures are affidavits from professionals in a different discipline than the defendant, affidavits lacking the statutory content, and late filing. Because limitations periods in construction are often short, dismissal frequently operates with prejudice as a practical matter.
Frequently Confused with
Related terms
Frequently asked questions
What defeats a certificate of merit?
Is dismissal typically with prejudice?
