AL SB297

Plaintiffs in civil actions alleging professional negligence against registered architects, licensed professional engineers, or licensed professional land surveyors must file a certificate of merit affidavit with the complaint from a third-party professional in the same practice area.

The affidavit must be from a licensed professional in Alabama who is actively engaged in practice and must specifically identify at least one negligent act, error, or omission claimed against the defendant with factual basis.

An exception permits filing without the contemporaneous affidavit if a statute of limitations expires within 10 days, allowing plaintiffs 30 days after complaint filing to submit the affidavit; courts may extend this period for good cause.

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

The act becomes effective on the first day of the third month following passage and approval by the Governor.