summary
Introduced
02/04/2026
02/04/2026
In Committee
02/04/2026
02/04/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Code of Civil Procedure. Provides that a defendant in an action alleging malpractice or negligence against an architect, engineer, or surveyor may request an affidavit of merit within 56 days after the complaint or notice of the action is served on the defendant. Provides that within 56 days after a request for an affidavit of merit is made, the plaintiff in the action shall file an affidavit of merit signed by an individual who the plaintiff reasonably believes meets certain requirements. Provides that the court may grant one extension of time for filing an affidavit of merit. Provides for the dismissal of an action, with or without prejudice. Provides that a defendant's objection to an affidavit of merit shall be raised in a motion filed within 90 days after the affidavit of merit is served. Provides that if the court determines that an affidavit of merit does not fully comply with the requirements, the court shall allow the plaintiff 56 days to file one or more affidavits of merit that correct the deficiencies identified by the court. Provides that a defendant shall participate in discovery in the action as required by court rules. Provides that an affidavit of merit is not required in an action for breach of contract against an architect, engineer, or surveyor that does not involve the standard of care.
AI Summary
This bill requires that in lawsuits alleging malpractice or negligence against an architect, engineer, or surveyor, the defendant can request an "affidavit of merit" within 56 days of being served with the lawsuit. An affidavit of merit is a sworn statement from a qualified professional in the same field as the defendant, attesting that they have reviewed the case, the relevant professional standards, and believe those standards were breached and caused the alleged harm. The plaintiff then has 56 days to provide this affidavit, though the court can grant one extension of up to 56 days for good cause. Failure to file a proper affidavit can lead to the dismissal of the case, potentially with prejudice, meaning it cannot be refiled. However, if the court finds deficiencies in the affidavit, the plaintiff will be given another 56 days to correct them. Objections to the affidavit must be raised within 90 days of its service. This requirement does not apply to contract disputes against these professionals that do not involve their standard of care.
Sponsors (1)
Last Action
Referred to Assignments (on 02/04/2026)
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