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Jordon, Jones & Goulding Inc. v. Balfour Beatty Constr. Inc.

Plaintiff's failure to file an expert affidavit in support of its professional malpractice suit subjected the suit to dismissal with prejudice for failure to state a claim.

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The architectural and engineering firms of Jordan, Jones & Goulding, Inc. “Jordan Jones”, and Williams-Russell and Johnson, Inc. “Williams-Russell”, entered into a venture with Balfour Beatty Construction, Inc., to design and construct improvements to a wastewater treatment plant. After encountering problems in construction, Balfour Beatty sued Jordan Jones and Williams-Russell collectively “the engineers”, alleging that they failed to exercise reasonable care or competence in designing the improvements. Although the action against the engineers was one of professional malpractice, Balfour Beatty failed to file an expert’s affidavit with the complaint. Based on that failure, Jordan Jones moved for summary judgment and to dismiss the complaint. Williams-Russell moved to dismiss the complaint on the same grounds. The trial court dismissed the complaint against the engineers without prejudice.1

The main issue in these appeals is whether the trial court should have dismissed the complaint with prejudice rather than without prejudice. In Case No. A00A1043, Jordan Jones appeals from the trial court’s order of dismissal. Williams-Russell appeals from the same order in Case No. A00A1046. Because the appeals raise the same arguments, they will be considered together.

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