Leslie Pegue, Esq.
To prevent unmeritorious errors and omissions claims from proceeding against licensed professionals, including licensed professional engineers, a minority of state legislatures have passed statutes requiring the filing of an affidavit or certificate of merit by the plaintiff that supports their contention that they have a valid legal claim against the defendant engineer.
There has been an increase in claims involving high-risk projects in the past few years. Additionally, more engineers who do not typically take on high-risk projects are willing to do so. However, these engineers do not always account for the higher risk involved and tend to approach such high-risk projects in the same fashion as smaller projects, without taking additional measures to protect themselves.