SB181 Summary

• Plaintiffs in civil actions alleging professional negligence against registered architects, landscape architects, licensed professional engineers, geologists, or 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 in the same field, licensed or registered in any U.S. state, who is actively engaged in practice and provides a professional opinion on at least one negligent act, error, or omission by the defendant that caused the plaintiff's damages.

• Failure to file the required affidavit results in dismissal with prejudice of the professional 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.

• The trial court may extend the 75-day filing deadline if the defendant fails to timely and adequately respond to discovery requests, by an amount equal to the discovery delay.

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