HB446 Alabama 2011 Session

Summary

Primary Sponsor

Randy WoodRepresentative

Republican

Session

Regular Session 2011

Title

Architects, registered, engineers and land surveyors, licensed professional, civil action alleging negligence requires third-party certificate of merit affidavit

Summary

HB446 would require plaintiffs in negligence cases against architects, engineers, or land surveyors to file a third-party certificate of merit affidavit, adding a new hurdle before these lawsuits proceed.

What This Bill Does

If someone sues a licensed architect, licensed professional engineer, or licensed professional land surveyor for negligence, they must attach an affidavit from an in-state, practicing professional in the same field that lists at least one negligent act and the facts supporting it. If the case is near the time limit, the plaintiff may have 30 days after filing to supplement the affidavit, and a court may extend this period. The defendant cannot be required to answer until 30 days after the affidavit is filed. If the plaintiff fails to file the affidavit, the case against the defendant can be dismissed with prejudice, and the plaintiff may have to pay the defendant's attorney fees and expenses. The bill does not extend any statute of limitations.

Who It Affects

• Plaintiffs bringing civil negligence claims against architects, engineers, or land surveyors, who must now obtain and file a third-party certificate of merit affidavit with their complaint.
• Defendants (registered architects, licensed professional engineers, and licensed professional land surveyors) who face an added procedural step and potential dismissal with prejudice if the plaintiff fails to meet the affidavit requirement.

Key Provisions

• Any civil action for professional negligence against a registered architect, licensed professional engineer, or licensed professional land surveyor must include a certificate of merit affidavit from a third-party in-state professional in the same field, stating at least one negligent act and the factual basis for the claim.
• The third-party affidavit must be from someone who is registered or licensed in Alabama, actively practicing in the same area, and competent to testify.
• If the case falls near the statute of limitations (within 10 days of expiration), the plaintiff can still supplement within 30 days after filing the complaint; the court may extend this time for justice.
• The defendant does not need to answer the complaint until 30 days after the affidavit is filed.
• If the plaintiff fails to file the affidavit as required, the complaint against the defendant is dismissed with prejudice, and the plaintiff may owe the defendant's reasonable attorney's fees and expenses.
• The act does not extend any existing statute of limitations or repose.
• Effective date: becomes law on the first day of the third month after the governor signs or approves it.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure