In Ryan Eng’g, Inc. v. Mond Homeowners Ass’n, Inc., No. 14-23-00960-CV, 2025 Tex. App. LEXIS 1681, the Court of Appeals of Texas (Court of Appeals) affirmed a trial court ruling denying the Motion to Dismiss of defendant Ryan Engineering Inc. (Ryan) with respect to the professional negligence claim asserted by the plaintiff, Mond Homeowners Association, Inc. (the Mond). Ryan argued that the Mond’s certificate of merit, filed pursuit to Tex. Civ. Prac. & Rem. Code Ann. § 150.002(f), made “collective assertions” of negligence against Ryan and two other defendants. The Court of Appeals rejected Ryan’s argument, finding that the affidavit made specific allegations against Ryan.

By way of background, the Mond is a residential condominium building in Houston, Texas. Defendants Ryan, Henderson Rogers Structural Engineering LLC (Henderson) and EDI International, PC (EDI) all took part in designing, engineering, and/or constructing various parts of the Mond. The Mond alleged that Ryan had a nondelegable duty to supervise and control all of the construction activities relating to the residential units and common elements. At issue was the alleged improper installation of window and door systems. According to the Mond, the “window glass curtain wall design” - which was prepared by Ryan and reviewed by EDI and Henderson - did not match the original design specifications prepared by EDI. The Mond alleged that the failure to conform to the design specifications resulted in, among other things, falling glass, adverse inclusions, vibrations and structural damage to the glass doors and tracks.