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Click here for the full text of this decision FACTS:Southwest Sound and Electronics Inc., a subcontractor, submitted a bid to install sound equipment in an elementary school in the Uvalde Consolidated Independent School District. Southwest Sound subsequently received a purchase order from United Electrical Contractors Inc., the general contractor for the project, in the amount of $9,231 for the installation and renovation of an intercom system. Thereafter, United Electrical requested that 15 additional speakers be installed; Southwest Sound submitted a second bid for this additional work in the amount of $6,842.76. The architectural firm hired by the school district subsequently deleted the additional work order for $6,842.76, and instead requested a credit for this work in the amount of $6,550. Ultimately, Southwest Sound did not perform the additional work. At the end of the project, Southwest Sound submitted a final bill for $9,138.40 to United Electrical. Because of the improper credit, however, United Electrical only paid Southwest Sound $2,676. Southwest Sound sued United Electrical and the architects, Paul R.W. Kniestedt and Debra J. Dockery, Architects, PC, alleging breach of contract as to United Electrical and tortious interference with an existing contract as to Paul R.W. Kniestedt and Debra J. Dockery, Architects, PC. The architects filed a motion to dismiss the suit, arguing that, because Southwest Sound’s petition alleged professional negligence and damages by an architect, Texas Civil Practice & Remedies Code �150.002(e) required an accompanying affidavit by a third-party licensed architect to be filed with the petition. The trial court denied the architects’ motion to dismiss. Southwest Sound brought an accelerated appeal. On appeal, the architects maintained the trial court erred by failing to dismiss Southwest Sound’s suit for failure to file an affidavit of a third-party licensed architect. In response, Southwest Sound asserted that the statute did not require an affidavit when the plaintiff did not allege malpractice or negligence. In addition, Southwest Sound requested that the 4th Court of Appeals sanction the architects for filing a frivolous appeal. HOLDING:Affirmed. Section 150.002 pertains to the requirements for actions against certain licensed or registered professionals. In pertinent part, it states: “(a) In any action or arbitration proceeding for damages arising out of the provision of professional services by a licensed or registered professional, the plaintiff shall be required to file with the complaint an affidavit of a third-party licensed architect . . . competent to testify, holding the same professional license as, and practicing in the same area of practice as the defendant, which affidavit shall set forth specifically at least one negligent act, error, or omission claimed to exist and the factual basis for each such claim. The third-party professional . . . licensed architect shall be licensed in this state and actively engaged in the practice of architecture.” Southwest Sound contended that �150.002 only requires an affidavit in actions alleging negligence. Because it sued architects for an intentional tort, the statute did not require them to submit an affidavit, the company argued. Accordingly, the court held that the trial court did not err in denying the motion to dismiss. The court then examined Southwest Sound’s demand for sanctions. The court stated it would only award sanctions on appeal “if the record clearly shows the appellant has no reasonable expectation of reversal.” “Because there is little case law interpreting this relatively new statute,” the court stated, “we cannot agree that the present appeal is devoid of merit.” OPINION:Speedlin, J.; Stone, Angelini and Speedlin, JJ.

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