Kayne Anderson Capital v. Hill & Frank

Kayne Anderson Capital Advisors, L.P. sued Hill & Frank, Inc., alleging faulty design and construction of a pool at the top of a parking garage. Kayne Anderson included the affidavit of an engineer to serve as a certificate of merit. Hill & Frank filed a motion to dismiss, alleging the certificate was insufficient. The trial court granted the motion. In its sole issue on appeal, Kayne Anderson argues the trial court erred by granting the motion.

We affirm.

Background

Kayne Anderson hired Hill & Frank as designer and architect for a multi-use space in College Station, Texas. The design included a…