HB332 Alabama 2012 Session

Summary

Primary Sponsor

Randy Davis

Republican

Co-Sponsors

Lynn GreerPaul W. LeeApril WeaverBarry MooreEd HenryMike HubbardJohn MerrillMike JonesTerri CollinsMary Sue McClurkinMicky HammonJay LoveMike BallJack WilliamsChad FincherSteve McMillanJamie IsonRandy WoodSteve ClouseJim Carns

Session

Regular Session 2012

Title

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

Summary

HB332 would require plaintiffs suing licensed architects, engineers, or land surveyors for negligence to file a third-party certificate of merit affidavit and could result in dismissal and fees if they fail to do so.

What This Bill Does

If passed, the bill requires the plaintiff to attach a certificate of merit affidavit from a third-party Alabama-licensed architect, engineer, or land surveyor who is competent and actively practicing in the same field, detailing at least one negligent act and the factual basis for each claim. If the case is near the time limit, the plaintiff has 30 days after filing the complaint to supplement the affidavit, and the court may extend this period for justice. The defendant cannot be required to answer until 30 days after the affidavit is filed. If the affidavit is not filed as required, the case against the defendant can be dismissed with prejudice, and the plaintiff may owe the defendant’s attorney fees and expenses; the bill does not extend any statute of limitations.

Who It Affects

• Plaintiffs bringing civil negligence lawsuits against registered architects, licensed professional engineers, or licensed professional land surveyors, who must file a third-party affidavit and face possible dismissal and fee liability if they fail to do so.
• Licensed professionals (architects, engineers, and land surveyors) and their insurers, who are affected by the new filing requirements, potential delays in proceedings, and the possibility of dismissal and cost recovery if the plaintiff does not comply.

Key Provisions

• Section 1(a): A plaintiff must file with the complaint a certificate of merit affidavit from a third-party licensed architect, engineer, or land surveyor practicing in the same area, stating at least one negligent act and the factual basis for each claim and confirming the affiant is competent and actively practicing in this state.
• Section 1(b): If a limitation period would expire within 10 days, the plaintiff has 30 days after filing the complaint to supplement the affidavit; a court may extend this time for justice.
• Section 1(c): The defendant need not file an answer until 30 days after the affidavit is filed.
• Section 1(d): If the plaintiff fails to file the affidavit as required, the complaint against the defendant is dismissed with prejudice, and the plaintiff must pay the defendant's reasonable attorney's fees and expenses incurred in responding to the complaint.
• Section 1(e): The act does not extend any existing statute of limitations or repose.
• Section 2: The act becomes effective on the first day of the third month after its passage and approval by the Governor.

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