HB126 Alabama 2013 Session

Summary

Primary Sponsor

Jack Williams

Republican

Session

Regular Session 2013

Title

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

Summary

HB126 would require plaintiffs in certain professional negligence cases to file a third-party certificate of merit affidavit within 75 days, detailing at least one negligent act and the facts supporting it.

What This Bill Does

It requires the plaintiff to obtain and file a certificate of merit from a licensed or registered professional in the same field (engineer, land surveyor, architect, geologist, or landscape architect) who is competent, actively practicing, and licensed in any state, within 75 days of serving the complaint, including a specific opinion of negligence and its factual basis. If the defendant delays discovery, the court may extend the filing deadline for good cause. If the plaintiff fails to file the affidavit, the claim against that defendant can be dismissed with prejudice, and the plaintiff may owe the defendant’s reasonable attorney’s fees and expenses; the law does not extend any existing statute of limitations or repose.

Who It Affects

• Plaintiffs bringing professional negligence actions against licensed engineers, land surveyors, architects, geologists, or landscape architects (they must file the third-party affidavit).
• Defendants in those actions (professionals and their insurers) who could have claims dismissed with prejudice and may be entitled to recover attorney’s fees and expenses if the affidavit is not filed.

Key Provisions

• Within 75 days of serving a complaint, the plaintiff must file a certificate of merit affidavit from a third-party licensed or registered professional in the same field, who is competent to testify and actively practicing, stating at least one negligent act and the factual basis for that opinion.
• The third-party affidavit must be from a professional practicing in the same area of the defendant's practice and licensed/registered in any state.
• If the defendant's discovery responses are delayed, the court may extend the 75-day deadline for good cause shown and for the amount of delay.
• Failure to file the affidavit as required results in dismissal with prejudice of the negligence claim against that defendant, and the plaintiff may owe the defendant’s reasonable attorney’s fees and expenses.
• The filing requirement does not extend any applicable statute of limitations or repose, and the act becomes effective on the first day of the third month after passage and governor approval.

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