Land surveying has always demanded precision, responsibility, and accountability. One of the most significant safeguards in place today is the Certificate of Merit, a legal requirement that has helped protect professional surveyors across various states from frivolous lawsuits. But where did this certificate come from, and why is it so crucial today?

In this opening episode of the new NLC Expert Series, we take a deep dive into the history behind the Certificate of Merit, unpacking its legal origins, evolution across state lines, and impact on the land surveying and legal communities.

What You’ll Learn

• The origin of Certificate of Merit laws in the United States.
• How and why these laws were implemented across different jurisdictions.
• The role of attorneys vs. licensed professionals in vetting legal claims.
• Key historical events that shaped this requirement into what it is today.
• Common misconceptions about who files against surveyors — and how these laws protect you.

Why This Matters

Whether you’re a land surveyor, engineer, or legal professional, understanding the origins of the Certificate of Merit helps you grasp its significance today. For surveyors, in particular, knowing the background and purpose of this protection can reduce risk and improve legal defensibility in your practice.

Background
In the early 2000s, many states began experiencing an influx of frivolous lawsuits filed against licensed professionals. Many of these claims lacked sufficient merit and legal grounding. The COM emerged as a solution—requiring the plaintiff’s legal counsel to consult with a qualified professional who could attest that the claim was legitimate.

Why It Matters to Surveyors
For surveyors, the COM provides a protective layer, ensuring they aren’t wrongfully pulled into litigation without justification. Understanding the evolution of this requirement helps surveyors become more proactive in how they document and defend their work.

Key Takeaway
The Certificate of Merit exists to filter out meritless lawsuits and provide legitimacy to legal proceedings involving licensed professionals. Surveyors must familiarize themselves with the purpose behind this document to better prepare for or avoid potential legal entanglements.