Bill Summary for S 435 (2011-2012)

Summary date: 

Jun 7 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 435 (Public) Filed Monday, March 28, 2011
Intro. by Hartsell.

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Bill summary

Senate committee substitute makes the following changes to 1st edition.
Changes the title of proposed Article 12A to GS Chapter 1 to Certificate of Merit in Malpractice Claims Against Design Professionals. Adds definitions for claim and defendant, and deletes the term certificate of merit from the definitions list. Rewrites proposed GS 1-123.2 to require any claim in a civil action or arbitration proceeding asserting malpractice by a design professional to be dismissed unless both of the following conditions are met: (1) the pleading specifically asserts that the professional services and all relevant records that are available to the claimant after reasonable inquiry have been reviewed by a licensed professional engineer or architect, as specified, and (2) the pleading is accompanied by a certificate of merit signed by a licensed professional engineer or architect, as specified. Requires the claimant to provide, upon defendant’s request, proof of compliance with up to ten written interrogatories, which do not count against the limit in GS 1A-1, Rule 33. Authorizes a resident judge to allow expert testimony on the appropriate standard of care by a witness who does not meet certain requirements, but is otherwise qualified as an expert witness. Authorizes a judge to extend the statute of limitations for a period not to exceed 120 days to file a complaint in an action alleging malpractice by a design professional in order to comply with the statute, upon motion by the plaintiff before the applicable statute of limitations expires. Provides that the statute does not apply to a claim for breach of contract or breach of warranty. Deletes provisions in previous edition concerning the defendant’s answer, actions for certain payments of fees, and various filing timelines. Deletes amendments to GS 89C-10 and 83A-6(a), which granted the Board of Examiners for Engineers and Surveyors the power to adopt rules to discipline professional engineers who certify a civil action that is without merit. Makes conforming changes to the bill title. Clarifies that the act applies to actions and proceedings commenced on or after October 1, 2011.

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