Q: How can I toll the statute of limitations for filing a claim related to a failed retaining wall due to faulty engineering plans?

A: You toll the statute of limitations by filing the lawsuit providing adequate notice of the claim. This late, the defendants' best move is to pretend they have no problem with your delay in making the claim. Once you miss the deadline, they will move -- successfully -- to dismiss your case. Depending on how you draft it, the "without prejudice" dismissal to reframe your complaint may nevertheless be fatal even if you file now, so many lawyers won't be willing to take the case. Alternatively, you can get a tolling agreement in writing unambiguously agreeing to toll limitations. There are many tricks for tricking you into an ineffective tolling agreement, and most lawyers won't touch that. The short answer is that you need to act before limitations expires.

A: With less than a month to go till May 7th, it would be advisable to consider reaching out to attorneys for a consult. I believe that many law firms would be inclined to file suit rather than exploring tolling the statute of limitations. But to be thorough, a consult could enable exploring all possible options. Good luck

A: Maryland Statute of Limitations Analysis

The most reliable method to preserve your rights under Maryland law is filing your complaint before the May 7, 2025 deadline, as Maryland courts strictly enforce the three-year limitations period for professional negligence claims under MD Code, Courts & Judicial Proceedings §5-101. While Maryland recognizes various tolling mechanisms, the Professional Engineer Commission's findings of fault provide compelling evidence that substantiates your claim, making immediate filing your safest option. The documentation from the commission establishing engineering deficiencies creates an exceptionally strong foundation for your case, particularly given the engineer's settlement with the regulatory body.

Alternative tolling methods exist but carry significant risks at this late stage: a written tolling agreement signed by both parties could extend your filing deadline, but requires the engineer's voluntary cooperation, which may be difficult to secure within your limited timeframe. Maryland's discovery rule, which delays commencement of the limitations period until a plaintiff reasonably should have discovered the injury, likely offers minimal benefit in your situation given the visible wall collapse and commission findings establishing a clear timeline of discovery.

Given your approaching deadline, we recommend promptly consulting with a litigation attorney to draft and file your complaint before May 7th, rather than pursuing less reliable tolling mechanisms. Maryland courts have consistently held that properly filed complaints, even those later amended with additional facts or theories, preserve claims against limitations defenses. Your documentation of the commission's findings, the engineer's insurance information, and communication history provide excellent foundational evidence for your complaint, positioning you advantageously despite the limited time remaining before your deadline expires.