Carter & Burgess Inc. v. Yasameen Sardari
355 S.W.3d 804
Tex. App.2011Background
- Sardari was injured by a sharp stainless steel door at a Houston restaurant owned by Gigi’s, leading her to sue multiple defendants including C&B as a defendant after a contractor was named.
- Sardari amended to add Carter & Burgess, Inc. (C&B) alleging C&B served as project manager overseeing installation and overall project safety.
- C&B moved to dismiss, arguing Sardari’s claims arose from the provision of professional architectural services and required a certificate of merit under Tex. Civ. Prac. & Rem. Code § 150.002(a).
- C&B attached evidence: an engineering-affiliated affidavit and a contract describing professional services (field verification, design, construction documents, administration) and that C&B did not perform construction work.
- Sardari contended the negligence was from unlicensed personnel and project management, not licensed architectural duties, and that no certificate of merit should be required.
- Trial court denied the motion to dismiss; the court of appeals held the action arose from professional architectural services and reversed with instructions to dismiss Sardari’s claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a certificate of merit was required | Sardari: no merit certificate required since claims involve unlicensed employee actions | C&B: claims arise from professional architectural services; certificate required | Certificate of merit required; dismissal affirmed |
| Whether Sardari’s claims arise out of the provision of professional services by a licensed architect or firm | Sardari: project management by unlicensed personnel; not architectural services | C&B: as project manager within architect's scope, claims arise from professional services | Yes; claims arise from provision of professional services by architectural firm |
Key Cases Cited
- Curtis & Windham Architects, Inc. v. Williams, 315 S.W.3d 102 (Tex. App.—Houston [1st Dist.] 2010) (applies professional services framework to architecture cases)
- Capital One v. Carter & Burgess, Inc., 344 S.W.3d 477 (Tex. App.—Fort Worth 2011) (certificate of merit not avoided by alleging intern liability)
- TDIndustries, Inc. v. Rivera, 339 S.W.3d 749 (Tex. App.—Houston [1st Dist.] 2011) (abuse-of-discretion standard for §150.002 matters)