SB297 Alabama 2011 Session

Summary

Primary Sponsor

Mark Slade Blackwell

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

SB297 would require plaintiffs in professional negligence cases against architects, engineers, or land surveyors to attach a third‑party certificate of merit detailing at least one negligent act.

What This Bill Does

If enacted, the bill requires the plaintiff to file with the complaint a certificate of merit from a licensed third‑party architect, engineer, or land surveyor who is practicing in the same field and is competent to testify. The affidavit must specify at least one alleged negligent act and the factual basis for each claim. There are time-related provisions allowing a 30‑day extension to file the affidavit in cases with tight deadlines, and failure to file the affidavit would lead to dismissal with prejudice and potential attorney’s fees for the defendant; the statute of limitations is not extended.

Who It Affects

• Plaintiffs bringing civil actions for professional negligence against licensed architects, engineers, or land surveyors in Alabama (they must file the certificate of merit).
• Defendants who are licensed architects, professional engineers, or professional land surveyors (and their insurers) who could face dismissal of claims if the affidavit is not properly filed.

Key Provisions

• A plaintiff must file with the complaint a certificate of merit from a third-party licensed professional in the same field who is registered or licensed in Alabama and actively practicing, stating at least one negligent act and the factual basis for each claim.
• The third-party affidavit must identify a negligent act, the factual basis, and be from a professional competent to testify in the same area of practice as the defendant.
• If a case is close to the limitation deadline (within 10 days), the plaintiff may delay filing the affidavit and has 30 days after the complaint filing to supplement the pleadings; the court may extend this period for good cause.
• The defendant cannot be required to answer 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 statute of limitations or repose is not extended by this act.
• The act becomes effective on the first day of the third month after it passes and is approved.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure