In a personal injury action against an architect or engineer arising more than 10 years after building completion, what must the plaintiff do before suing?

In a personal injury action against an architect or engineer arising more than 10 years after building completion, what must the plaintiff do before suing?

• A. Serve notice of claim 90 days before suit
• B. Obtain a court order from the architect
• C. Post a bond equal to damages
• D. File a motion for summary judgment

Answer: (A)

When a claim involves a design professional for construction-related issues and the suit is filed long after the project was completed, many jurisdictions require a pre-suit notice to give the architect or engineer a chance to inspect, assess, and potentially settle the claim before litigation begins. This pre-suit step helps uncover defects early and prevents surprise suits after the building has aged. In this scenario, because the action arises more than ten years after building completion, the plaintiff must issue what amounts to a notice of claim at least 90 days before filing suit. This 90-day window is the mandatory period designed to trigger the professional’s opportunity to respond or remedy, and skipping it can jeopardize the case or delay litigation. The other options—for instance, obtaining a court order, posting a bond, or filing a motion for summary judgment—are not the required pre-suit step and occur later within the litigation process or under different rules.

When a claim involves a design professional for construction-related issues and the suit is filed long after the project was completed, many jurisdictions require a pre-suit notice to give the architect or engineer a chance to inspect, assess, and potentially settle the claim before litigation begins. This pre-suit step helps uncover defects early and prevents surprise suits after the building has aged.

In this scenario, because the action arises more than ten years after building completion, the plaintiff must issue what amounts to a notice of claim at least 90 days before filing suit. This 90-day window is the mandatory period designed to trigger the professional’s opportunity to respond or remedy, and skipping it can jeopardize the case or delay litigation.

The other options—for instance, obtaining a court order, posting a bond, or filing a motion for summary judgment—are not the required pre-suit step and occur later within the litigation process or under different rules.