Certificate of Merit in Civil Litigation
Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 119, Issue 3
Abstract
In California, an attorney must file a certificate of merit with the court prior to naming a design professional as a defendant in a complaint. To file a certificate of merit with the court, the attorney who sues a design professional engineer must: (1) Review the facts and main issues of the case; (2) consult with a registered engineer who is not a party to the lawsuit; and (3) conclude on the basis of the review of the case and the consultation with the registered engineer that there is reasonable and meritorious cause for filing of the action. The attorney must consult with an engineer who is licensed to practice and practices in the state in the same discipline as the defendant. The engineer must be knowledgeable of the issues involved in the action. When providing an attorney with consultation concerning the negligence of a design professional or a certificate of merit, the engineer should stay within the boundaries of reasonable competency, avoid biases and conflicts of interest, have knowledge of the legal process, become familiar with the project, and perform an objective and timely analysis.
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References
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Information & Authors
Information
Published In
Journal of Professional Issues in Engineering Education and Practice
Volume 119 • Issue 3 • July 1993
Pages: 279 - 283
Copyright
Copyright © 1993 American Society of Civil Engineers.
History
Received: Oct 23, 1992
Published online: Jul 1, 1993
Published in print: Jul 1993
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