Daniel Lund III | Phelps Dunbar
The Supreme Court of South Dakota says that (in certain circumstances) you need to be.
That court wrangled with the evidentiary requirements for professional negligence and breach of contract claims arising from the construction of a clinical research facility in Brookings, South Dakota. The general contractor on the project alleged defects in the design and installation of the HVAC system and suspended ceiling, resulting in contamination and operational failures. The general contractor sued the architect, engineers, and contractors, asserting breach of contract and implied warranties.
The defendants moved for summary judgment, arguing that the GC’s claims required expert testimony to establish the applicable standard of care and causation. For its part, the general contractor was relying solely on the testimony of its CEO, who lacked technical qualifications in architecture, engineering, and ceiling systems. The circuit court granted summary judgment to all defendants, finding that “this type of professional negligence claim requires expert testimony to establish what the standard of care is, how the defendant’s design breached the standard of care and how the breach also caused the damages that resulted.”
The South Dakota Supreme Court – affirming summary judgment for the architect, engineering firm, and ceiling contractor (but reversing as to the HVAC contractor and its subcontractor, holding that genuine issues of material fact remained regarding the claims against those parties) – stated regarding the summary judgments being affirmed: “Average laypersons would not be knowledgeable regarding the type of equipment necessary to adjust pressure and airflow. Nor would they necessarily know what ‘volume regulation’ means or why it is significant to the alleged negligence and issues with the Facility.”
The court further explained, “Expert testimony is required to establish the standard of care for a professional unless the issue is within the common knowledge of the jury.” Without such testimony, “the failure to produce expert opinions is fatal to a litigant’s case.”
RTI, LLC v. Pro. Eng’g, Inc., 2025 SD 64; 2025 S.D. LEXIS 179; 2025 LX 553857 (November 12, 2025)
When one of your cases is in need of a construction expert, estimates, insurance appraisal or umpire services in defect or insurance disputes – please call Advise & Consult, Inc. at 888.684.8305, or email experts@adviseandconsult.net.