Bill Summary for H 739 (2013-2014)

Summary date: 

Apr 11 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 739 (Public) Filed Wednesday, April 10, 2013
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.

View: All Summaries for BillTracking:

Bill summary

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.

© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view