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AL HB446

Bill

Status

Introduced

4/5/2011

Primary Sponsor

Randy Wood

Click for details

Origin

House of Representatives

Regular Session 2011

AI Summary

  • Requires plaintiffs in civil negligence actions against licensed professional engineers, licensed professional land surveyors, or registered architects in Alabama to file a certificate of merit affidavit from a third-party professional in the same field with the complaint.

  • The affidavit must specifically identify at least one alleged negligent act, error, or omission by the defendant and provide the factual basis for each claim.

  • Exempts cases where the statute of limitations expires within 10 days of filing, allowing plaintiffs 30 days after filing the complaint to submit the affidavit if time constraints prevented prior preparation.

  • Failure to file the required affidavit results in dismissal with prejudice of the complaint, and plaintiffs who fail to file must pay the defendant's reasonable attorney's fees and expenses.

  • Becomes effective on the first day of the third month following passage and approval by the Governor.

Legislative Description

Architects, registered, engineers and land surveyors, licensed professional, civil action alleging negligence requires third-party certificate of merit affidavit

Civil Procedure

Last Action

Read for the first time and referred to the House of Representatives committee on Judiciary

4/5/2011

Committee Referrals

Judiciary4/5/2011

Full Bill Text

No bill text available