Lawsuits Against Design Professionals on Texas Construction Projects
Construction projects in Texas are high-stakes endeavors. When design errors by architects, engineers, or surveyors cause collapses, delays, or extensive rework costs, the financial and safety consequences can be catastrophic. Texas law gives owners, contractors, developers, and even subcontractors the right to hold these professionals accountable, but only if you navigate strict procedural and timing rules.
This article provides a broad overview of who qualifies as a design professional, how long you have to sue a design professional, who can bring a claim, the mandatory requirements to file suit, and critical first steps to protect your case.
1. Who Are “Design Professionals” on Construction Projects?
Under Chapter 150 of the Texas Civil Practice and Remedies Code (CPRC), “licensed or registered professionals” include individuals who provide services for real property improvements in these specific roles:
Architects - Licensed under Texas Occupations Code Chapter 1051.
Professional Engineers - Licensed under Texas Occupations Code Chapter 1001 (civil, structural, mechanical, electrical, geotechnical, etc.)
Professional Land Surveyors – Registered with the Texas Board of Professional Engineers and Land Surveyors (TBPELS).
Registered Landscape Architects – Licensed under Texas Occupations Code Chapter 1052.
Important: The procedural protections of Chapter 150 apply only to claims arising from professional services like design, planning, inspection, surveying, or consulting on buildings, infrastructure, or site improvements. General contractors, interior designers, draftsmen, or unlicensed consultants are not covered by this protection.
Example: A structural engineer who undersized a beam? Covered. A contractor who installed it wrong? Not a Chapter 150 defendant.
2. How Long Do You Have to Sue? Statutes of Limitations & Repose
Time is your enemy. Texas imposes two clocks to bring claims against design professionals. Make sure to consult with an attorney quickly to determine which is applicable in your case:
Negligence, DTPA, Fraud & Torts
Statute of Limitations: 2 Years (from discovery)
Statute of Reposecutoff: 10 Years (from substantial completion)
Reference: CPRC §16.003(a) & §16.009
Breach of Contract
Statute of Limitations: 4 Years (from discovery)
Statute of Repose: 10 Years (from substantial completion)
1 You can also sue the corporation, professional corporation, LLC, partnership, LLP, or sole proprietorship where these professionals practice.
2 Even if the defect is hidden (e.g., foundation settlement), the 10-year repose clock starts ticking on day one of substantial completion. After that, no claim survives, no matter how severe the damage. However, the repose period may be extended by up to two years if you present a written claim during the 10 year period. TCPRC § 16.009(c).
3 “Substantial completion” = date of certificate of occupancy, final payment, or when owner begins beneficial use, not final punch list.
3. Who Can Sue a Design Professional?
Texas law is broad on standing, but certain exceptions apply. Below is a list of possible plaintiffs in these claims:
Property Owners – Current or prior.
Developers – Even if they sold the project.
General Contractors – For delay damages, change orders, or pass-through claims.
Subcontractors – If foreseeably harmed (e.g., surveyor error causes excavation into easement).
HOAs / Condo Associations – For common area defects.
Tenants – In rare cases (e.g., personal injury from collapse)
4. What Are the Requirements to Sue? The Certificate of Merit
To file suit against a design professional in Texas, you must attach a “certificate of merit” affidavit to your original petition. This is non-negotiable under CPRC §150.002. This means that an expert witness, who meets the requirements below, must be engaged and swear, under oath, that in their professional opinion, the design professional’s acts or omissions fell below the applicable standard of care.
The Expert Must:
Hold the exact same license as the defendant (e.g., PE in structural engineering)
Actively practice in the same specialty
Be licensed in Texas
Base opinions on knowledge, not speculation
The Affidavit Must:
Identify each specific error or omission
State how it breached the standard of care
Link it causally to your damages
Cover every legal theory (negligence, DTPA, breach, etc.)
Example (Good):
“Defendant Engineer failed to account for expansive clay soil per USGS Map 2217, undersizing the slab by 40%, violating IBC § 1808. This caused differential settlement of 6 inches, requiring $1.8M in foundation repairs.”
Example (Bad):
“The design was defective and caused damage.” → Case Dismissed.
No certificate at the time of filing, or within a strict deadline thereafter = automatic dismissal of your case, often with prejudice.
Rare Exceptions:
Statute of limitations expires within 10 days of filing suit → file without the certificate and supplement with the certificate within 30 days
Design-build third-party claims (post-2023 amendment). A party bringing a third-party claim has 30 days after filing the claim to file the certificate, rather than having to attach it at the moment of filing.
Counterclaims (if design professional sues you first, you may assert a counterclaim without a certificate of merit, but one must be filed within 30 days after the counterclaim)
5. What Should You Do If You Suspect a Claim? Act Fast
Time and evidence are everything. Follow these immediate steps:
Preserve All Evidence
Take extensive photos and videos – defects, cracks, water intrusion, misaligned elements.
Save every document: plans, specs, RFIs, change orders, emails, meeting minutes, daily reports.
Secure original drawings – do not let anyone “correct” or destroy them.
Mark, label, and store physical evidence – cracked beams, failed welds, soil samples.
Contact an Attorney Immediately
A construction litigation lawyer will assist you in finding an expert witness and assist them in drafting a bulletproof certificate of merit, calculate repose or limitations deadline, draft a demand letter that will put the professional insurance and firm on proper notice, and help you to recover for the damages caused by the design professional.
Warning: Waiting even 30 days can doom your case if evidence is altered or repose looms.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.