Texas Construction Law Blog

On May 29, 2026, the Texas Supreme Court decided Studio E. Architecture and Interiors, Inc. v. Lehmberg, No. 24-0286, addressing the certificate of merit requirement in Texas Civil Practice and Remedies Code Section 150.002. The key takeaway is straightforward: when a claim against a design professional is dismissed “without prejudice” (i.e., can be refiled) because the owner failed to include a certificate of merit, the owner may file an amended petition with a certificate of merit in the same lawsuit. The owner does not have to file a new lawsuit.

The Court left open a question with potentially bigger impact. Claims must be filed, of course, before the statute of limitation on the claim has expired. If limitations on the claim has expired when dismissed for lack of a certificate of merit, is the filing date for limitations analysis: (i) the date when the original but dismissed claim was filed (before limitations have expired), or (ii) when the amended claim is filed (after limitations have expired)? The claim may be time-barred if the latter. 

Long Road to the Supreme Court

In 2016, Emily Lehmberg (“Lehmberg”) sued Studio E. and other defendants over an allegedly defective home remodel but did not file a certificate of merit against Studio E. Studio E. moved to dismiss. Lehmberg responded that no certificate was required and that Studio E. had waited too long to seek dismissal. The trial court denied the motion.

Studio E. appealed the ruling, and in 2019, the San Antonio Court of Appeals held that the certificate of merit statute applied because Studio E. was a licensed professional and the claim arose from professional services. The appeals court sent the case back to the trial court to dismiss the claim and determine whether dismissal should be with or without prejudice to the ability to refile the claim.

The case continued against the other defendants during Studio E.’s appeal. Before the trial court decided the “with/without prejudice” issue for Studio E. Lehmberg filed an amended petition reasserting her claim against Studio E., this time with a certificate of merit. Studio E. argued that Lehmberg could not just amend the petition and instead had to file a new lawsuit.

The trial court rejected Studio E.’s argument, the court of appeals affirmed, and the Texas Supreme Court granted review to decide whether a new lawsuit was required.

The Texas Supreme Court’s Answer: No New Lawsuit Required

The Texas Supreme Court agreed with the court of appeals and held that a new lawsuit is unnecessary. Its reasoning rested on three related points.

First, a dismissal without prejudice restores the parties to the same position as if the dismissed claim had not been brought. Because claims against other defendants remained pending, the case was still active, and ordinary amendment rules still applied.

Second, once the earlier claim against Studio E. was dismissed, Lehmberg’s amended petition with a certificate of merit effectively became the first time the claim against Studio E. was brought.

Third, the Supreme Court found little practical value in forcing a separate lawsuit, particularly where that new case would likely be transferred and consolidated with the existing one.

Could the Amended Claim Be Time-Barred?

The Supreme Court decided how Lehmberg could reassert her claim, but it did not decide when the claim counts as filed for statute of limitations purposes. This is the question to watch.

Studio E. argued that if Lehmberg could just amend within the same case and receive the benefit of the original 2016 filing date, then it would undermine Section 150.002(g), which states the statute cannot extend limitations. The Supreme Court acknowledged the issue but declined to decide whether the amended claim with the certificate of merit would be treated as filed in 2016 or when the amended claim was filed. The question could have substantial implications for owners whose claims are dismissed for lack of a certificate of merit after the statute of limitations period has run.

What This Means for You

If you are a design professional: A dismissal without prejudice for failure to file a certificate of merit may no longer end the dispute for the designer if other claims remain pending in the case. An owner may be able to just reassert the claim against the designer by amending the petition with a certificate of merit in the same lawsuit. But, the decision leaves open a potentially strong limitations defense if the amended claim is filed after the limitations period expired.

If you are an owner: Get a certificate of merit that complies with the statute. The statute says that a court “shall” dismiss the claim without one. If your designer claim is dismissed for lack of one, the Supreme Court confirmed that you do not need to start from scratch by filing a new lawsuit where the case is still pending against other defendants. However, the question is open on whether the amended claim will be time-barred because limitations expired before the dismissal.