SB181 Alabama 2013 Session

Summary

Primary Sponsor

Cam Ward

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

The bill would require lawsuits against certain licensed professionals to include a third-party certificate of merit affidavit confirming at least one negligent act before the case can move forward.

What This Bill Does

If passed, a plaintiff must file within 75 days of serving the complaint a certificate of merit from a licensed professional in the same field who is practicing and qualified to testify. The affidavit must give a specific opinion that the defendant committed at least one negligent act, with the factual basis for that opinion. If the defendant delays discovery, the court can 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 bill does not extend the time limits for filing suit itself (statutes of limitations or repose).

Who It Affects

• Plaintiffs bringing civil negligence lawsuits against licensed professional engineers, licensed professional land surveyors, registered architects, licensed professional geologists, or registered landscape architects; they must obtain and file the third-party affidavit within 75 days and may face dismissal and cost consequences if they do not.
• Defendants who are licensed professionals in those fields; their cases can be dismissed with prejudice if the required affidavit is not filed, and they may be entitled to recover attorney’s fees and expenses if the plaintiff fails to file the affidavit.

Key Provisions

• Plaintiff must file within 75 days of serving the complaint a certificate of merit from a third-party licensed professional in the same field who is actively practicing and competent to testify.
• The affidavit must provide a professional opinion of at least one negligent act, error, or omission by the defendant and the factual basis for that opinion.
• If the defendant delays discovery, the court may extend the filing deadline for the affidavit for good cause shown.
• Failure to file the affidavit results in dismissal with prejudice of the claim against that defendant and the plaintiff may owe the defendant’s reasonable attorney’s fees and expenses.
• The act does not extend any applicable statute of limitations or repose.
• The act becomes effective on the first day of the third month after passage and approval.

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