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NC H739

Bill

Status

Introduced

4/10/2013

Primary Sponsor

Robert Bryan

Click for details

Origin

House of Representatives

2013-2014 Session

AI Summary

  • Requires civil actions and arbitration claims alleging malpractice against licensed architects or professional engineers to be dismissed unless accompanied by a certificate of merit from a licensed professional in the same field and area of practice.

  • The certificate of merit must certify that the expert has reviewed the defendant's professional services and records, reviewed the claim, and believes the malpractice claim has merit.

  • Plaintiffs must assert in their pleading that professional services and available records have been reviewed by a qualified expert willing to testify that the defendant's services did not meet applicable standards of care.

  • Superior court judges may allow exceptions permitting expert testimony from witnesses not meeting the standard license and practice area requirements upon a showing of extraordinary circumstances.

  • Judges may extend the statute of limitations by up to 120 days prior to expiration to allow plaintiffs time to obtain a certificate of merit and file a malpractice complaint; exemption applies to breach of contract or warranty claims; effective October 1, 2013.

Legislative Description

Civil Procedure/Require Certificate of Merit

Last Action

Assigned To Judiciary Subcommittee B

5/15/2013

Committee Referrals

Judiciary5/15/2013
Rules, Calendar, and Operations of the House4/11/2013

Full Bill Text

No bill text available