Adds new Article 12A, Certificate of Merit in Malpractice Claims Against Design Professionals in Supchapter VI of GS Chapter 1. Requires the dismissal of any claim in a civil action or arbitration proceeding asserting malpractice by a design professional, unless: (1) the pleading specifically asserts that the professional services provided by the defendant and all records pertaining to the alleged negligence that are available to the claimant after reasonable inquiry have been reviewed by a licensed professional engineer or licensed architect who holds the same type of professional license and practices in the same area of practice as the design professional against whom the claim is being brought, who is willing to testify that the professional services did not comply with the applicable standard of care, and who either is reasonably expected to qualify as an expert witness or is a person whom the claimant will seek to have qualified as an expert and (2) the pleading is accompanied by a certificate of merit signed by a licensed professional engineer or licensed architect who holds the same type of professional license and practices in the same area of practice as the design professional against whom the claim is being brought, certifying that the engineer or architect has reviewed the services provided by the defendant and all records provided by the claimant relating to those services, has reviewed the pleading asserting the claim against the defendant, and is willing to testify that the claim of malpractice against the defendant has merit.
Allows, upon motion by either party, a resident judge of the superior court in the county or judicial district in which the action or proceeding is pending to allow expert testimony on the appropriate standard of care by a witness who does not meet the specified requirements relating to type of license and area of practice, but who is otherwise qualified upon a showing of extraordinary circumstances and a determination by the court that the motion should be allowed. Allows for the extension of the statute of limitations. Makes conforming changes to GS 1A-1, Rule 9.
Effective October 1, 2013, and applies to actions and proceedings commenced on or after that date.
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A BILL TO BE ENTITLED AN ACT REQUIRING A CERTIFICATE OF MERIT IN CIVIL ACTIONS OR ARBITRATION PROCEEDINGS BROUGHT AGAINST A PERSON OR FIRM PROVIDING ARCHITECTURE OR ENGINEERING SERVICES IN THIS STATE.Intro. by Bryan, Moffitt, Hager, Setzer.
Status: Assigned To Judiciary Subcommittee B (House Action) (May 15 2013)
Bill H 739 (2013-2014)Summary date: Apr 11 2013 - More information