Chapter 418 Oregon Laws 2003
AN ACT
SB 611
Relating to construction design professionals.
Be It Enacted by the People of the State of
Oregon:
SECTION
1. (1) As used in this section,
“construction design professional” means an architect, registered landscape
architect, professional engineer or professional land surveyor.
(2)
A complaint, cross-claim, counterclaim or third-party complaint asserting a
claim against a construction design professional that arises out of the
provision of services within the course and scope of the activities for which
the person is licensed may not be filed unless the claimant’s attorney
certifies that the attorney has consulted a licensed construction design
professional who is qualified, available and willing to testify to admissible
facts and opinions sufficient to create a question of fact as to the liability
of the construction design professional. The certification required by this
section must be filed with or be made part of the original complaint,
cross-claim, counterclaim or third-party complaint. The certification must
contain a statement that a licensed construction design professional who is
qualified to testify as to the standard of care applicable to the alleged
facts, is available and willing to testify that:
(a)
The alleged conduct of the construction design professional failed to meet the
standard of professional care applicable to the construction design
professional in the circumstances alleged; and
(b)
The alleged conduct was a cause of the claimed damages, losses or other harm.
(3)
In lieu of providing the certification described in subsection (2) of this
section, the claimant’s attorney may file with the court at the time of filing
a complaint, cross-claim, counterclaim or third-party complaint an affidavit
that states:
(a)
The applicable statute of limitations is about to expire;
(b)
The certification required under subsection (2) of this section will be filed
within 30 days after filing the complaint, cross-claim, counterclaim or
third-party complaint or such longer time as the court may allow for good cause
shown; and
(c)
The attorney has made such inquiry as is reasonable under the circumstances and
has made a good faith attempt to consult with at least one licensed
construction design professional who is qualified to testify as to the standard
of care applicable to the alleged facts, as required by subsection (2) of this
section.
(4)
Upon motion of the construction design professional, the court shall enter
judgment dismissing any complaint, cross-claim, counterclaim or third-party
complaint against any construction design professional that fails to comply
with the requirements of this section.
(5)
This section applies only to a complaint, cross-claim, counterclaim or
third-party complaint against a construction design professional by any
plaintiff who:
(a)
Is a construction design professional, contractor, subcontractor or other
person providing labor, materials or services for the real property improvement
that is the subject of the claim;
(b)
Is the owner, lessor, lessee, renter or occupier of the real property
improvement that is the subject of the claim;
(c)
Is involved in the operation or management of the real property improvement
that is the subject of the claim;
(d)
Has contracted with or otherwise employed the construction design professional;
or
(e) Is a person for whose benefit the construction design professional performed services.
SECTION 2. Section 1 of this 2003 Act applies only to complaints, cross-claims, counterclaims and third-party complaints filed on or after the effective date of this 2003 Act.
Approved by the Governor June 17, 2003
Filed in the office of Secretary of State June 18, 2003
Effective date January 1, 2004
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