In a personal injury action against an architect or engineer brought more than ten years after building completion, what must be done before filing suit?

• A. Serve notice of claim on defendant 90 days before suit
• B. Obtain a court order
• C. No notice required
• D. Prepare a manager's affidavit

Answer: (A)

The key idea is the pre-suit notice requirement for construction-related claims against architects or engineers. In this context, if you’re pursuing a personal injury claim against an architect or engineer more than ten years after the building was completed, you must first serve a notice of claim on the defendant at least 90 days before you file suit. This pre-suit notice is designed to trigger an opportunity for the parties to inspect, assess, and potentially settle the claim before a lawsuit is actually brought.

This is not something you obtain from the court, so a court order isn’t needed to proceed. There is also no separate “manager’s affidavit” that's part of this pre-suit process in this situation. The notice is a mandatory step to preserve the claim; skipping it can bar the action.