In M-E Engineers, Inc. v. City of Temple, 365 S.W.3d 497 (Tex.App.--Austin 2012, pet. denied), the City hired a general contractor and an architect to assist in the construction of a new police headquarters. Id. at 499. The architect then contracted with M-E to provide mechanical, electrical, and plumbing engineering services for the project. Id. M-E provided its services on the project through Allen Y. Tochihara, a licensed professional engineer and "M-E principal." Id. Subsequently, the City filed a negligence and breach of contract claim against the general contractor, the architect, M-E, and Tochihara because the newly built police headquarters had problems with its HVAC system. Id. In accordance with Section 150.002, the City attached a sworn certificate of merit from a licensed professional engineer, Bill M. Long. Id. Long attested to the HVAC design and construction deficiencies and opined that "these errors and omissions were caused by a lack of supervision and enforcement of the contract documents by the Engineer, which constitutes negligence in the practice of engineering." Id. Long defined and identified "the Engineer" as Tochihara, but he did not explicitly mention M-E, Tochihara's firm. Id. Tochihara and M-E filed motions to dismiss. Id. Prior to the hearing, the City amended its pleadings to include: (1) negligence by Tochihara and; (2) vicarious liability of M-E for Tochihara's negligence by virtue of Tochihara's status as the company's employee, agent, and principal. Id. The trial court denied the motion to dismiss. Id. On appeal, the parties argued in part that Long's certificate was inadequate to support claims against M-E because it only explicitly referred to Tochihara "the Engineer" and not to M-E. Id. at 499-500, 505. Noting the claims for vicarious liability, the Court of Appeals affirmed. However, in doing so, the Court provided the following analysis: The certificate-of-merit requirement is similar to the expert-report requirement under chapter 74 of the civil practice and remedies code--regardless of the legal theory or theories on which the plaintiff relies in seeking damages, he or she must file an expert report if the claim is predicated on facts characteristic of a 'health care liability claim.' Id. at 506.