Texas Eleventh Court of Appeals
A Texas appellate court reinstated a contract claim over a collapsed retaining wall but held the negligence claim untimely, highlighting distinct filing and expert requirements.
Case record
After a retaining wall and supported parking lot failed, the project owner and contractor pursued claims against the engineer. The appellate court found their certificate of merit sufficient for the contract claim, but upheld the negligence dismissal because the refiled suit came after the two-year deadline.
Project teams should preserve failure evidence, engage appropriate experts, and have counsel track each claim's requirements and deadline separately. Learning the potential wrongdoer's role later may not postpone accrual once a failure should prompt investigation.
The contract claim and related attorney-fee request return to the trial court. The court did not find the engineer liable or award the claimed $900,000 to $1.8 million. It affirmed the remaining rulings, including negligence and warranty dispositions.
Primary record
This update identifies the court, posture, holding, and unresolved questions. The linked opinion remains the controlling source.
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