Loading chat...
NC H739
Bill
Status
4/10/2013
Primary Sponsor
Robert Bryan
Click for details
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