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NC S435

Bill

Status

Introduced

3/28/2011

Primary Sponsor

Fletcher Hartsell

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Requires certificate of merit to be filed with any civil action or arbitration claim alleging malpractice against licensed architects or professional engineers in North Carolina.

  • Certificate must be signed by a licensed professional engineer or architect holding the same type of license and practicing in the same area as the defendant, certifying that the malpractice claim has merit.

  • Claims must specifically assert that the defendant's professional services and all available records have been reviewed by a qualifying expert willing to testify that services violated applicable standard of care.

  • Allows courts to permit expert testimony from witnesses who do not meet standard licensing or practice area requirements upon showing of extraordinary circumstances and determination that it serves justice.

  • Permits courts to extend statute of limitations by up to 120 days upon motion and good cause determination to allow time to comply with certificate of merit requirements; effective October 1, 2011.

Legislative Description

Civil Pro./Require Certificate of Merit

Last Action

Ref To Com On House Select Committee on Tort Reform

6/8/2011

Committee Referrals

Select Committee on Tort Reform6/8/2011
Judiciary I3/29/2011

Full Bill Text

No bill text available