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February 21, 2005

Certificate of Merit May Make Sense

"A recent article of The Construction Lawyer notes that "Certificate of Merit" statutes--statutes requiring a plaintiff seeking to sue a design professional to first obtain an opinion of a expert that a meritorious case exists--have been enacted in several states...most notably Colorado in our area of the world.

While not statutory law in Missouri, this type of standard makes sense for any person seeking damages....why not determine "upfront" that you have a case by finding an expert who will support such a claim?

Frankly, it could save someone a significant amount of money should the judge rule against them at trial....Kansas does have such a standard for professional liability claims. If you are a professional designer, the difference in laws of the two states would be a matter for consideration......"

Posted by Dave Seitter on February 21, 2005 | Permalink | Comments (0) | TrackBack