HB126 Summary

• Plaintiffs in civil negligence actions against registered architects, registered landscape architects, licensed professional engineers, licensed professional geologists, or licensed professional land surveyors must file a certificate of merit affidavit within 75 days of serving the complaint.

• The affidavit must be from a third-party professional licensed or registered in any U.S. state, practicing in the same area as the defendant, and actively engaged in their profession.

• The affidavit must contain a professional opinion identifying at least one negligent act, error, or omission by the defendant that caused the plaintiff's damages, including the factual basis for the opinion.

• Failure to timely file the affidavit results in dismissal with prejudice of the negligence claim and makes the plaintiff liable to the defendant for reasonable attorney's fees and expenses incurred in responding to the complaint and discovery.

• Trial courts may extend the 75-day filing deadline if a defendant fails to timely and adequately respond to discovery requests, by the amount of delay caused by that defendant.