In Ashkar Engineering Corporation v. Gulf Chemical & Metallurgical Corporation, No. 01-09-00855-CV, 2010 WL 376076 (Tex. App.--Houston 1st Dist. Feb. 4, 2010, no pet.), Gulf Chemical originally filed suit against Miner-Dederick. Gulf Chemical added Ashkar Engineering, a design professional, as a defendant in its First Amended Petition asserting claims for negligence, breach of contract, and breach of implied warranty against Ashkar Engineering. Gulf Chemical did not file a certificate of merit with its first amended petition; it later filed a certificate of merit with its third amended petition. The court held that Gulf Chemical failed to timely file a certificate of merit.