AL HB332

Plaintiffs in civil negligence actions against registered architects, licensed professional engineers, or licensed professional land surveyors must file a certificate of merit affidavit from a third-party professional in the same field registered or licensed in Alabama who is actively practicing.

The affidavit must specify at least one negligent act, error, or omission by the defendant and provide the factual basis for each claim, and must be filed with the complaint.

Plaintiffs unable to obtain an affidavit before a statute of limitations expires within 10 days may file the complaint without the affidavit but must provide the affidavit within 30 days after filing the complaint.

Failure to file the required affidavit results in dismissal with prejudice of the complaint, and plaintiffs must pay defendants' reasonable attorney's fees and expenses incurred in responding to the complaint.

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