Bill Text: MI SB0309 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Torts; nonmedical malpractice; affidavit of merit; require for malpractice action against architect or professional engineer. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2912i.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-11 - Referred To Committee On Judiciary [SB0309 Detail]

Download: Michigan-2013-SB0309-Introduced.html

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SENATE BILL No. 309

 

 

April 11, 2013, Introduced by Senator BRANDENBURG and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 2912i.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2912i. (1) Subject to subsection (2), the plaintiff in an

 

action alleging malpractice or negligence against an architect or

 

engineer shall file with the complaint an affidavit of merit signed

 

by an individual who the plaintiff or, if the plaintiff is

 

represented by an attorney, the plaintiff's attorney reasonably

 

believes meets the requirements of subsection (3). The affiant

 

shall state in the affidavit of merit all of the following:

 

     (a) That he or she has reviewed all records supplied by the

 

plaintiff or the plaintiff's attorney concerning the conduct that

 

is the subject of the affidavit.

 

     (b) That he or she has reviewed the applicable standard of

 

practice or care.

 

     (c) That it is his or her opinion that the applicable standard

 

of practice or care was breached by the architect or engineer.

 

     (d) A detailed description of the actions that should have

 

been taken or omitted by the architect or engineer to have complied

 

with the applicable standard of practice or care.

 

     (e) The manner in which the breach of the standard of practice

 

or care was the proximate cause of the alleged injury to the

 

plaintiff.

 

     (2) On motion of a party for good cause shown, the court in

 

which the complaint is filed may grant the plaintiff an additional

 

28 days in which to file the affidavit required under subsection

 

(1).

 

     (3) To qualify to sign an affidavit under subsection (1), an

 

individual shall meet both of the following requirements:

 

     (a) Be licensed in this state or another state as an architect

 

or engineer, as applicable.

 

     (b) During the year immediately preceding the date of the

 

conduct that is the subject of the affidavit, have devoted a

 

majority of his or her professional time to 1 or more of the

 

following:

 

     (i) The active practice of architecture or engineering, as

 

applicable.

 

     (ii) The instruction of students in an accredited architecture

 

or engineering school, as applicable, or accredited program that

 

provides students with practical experience in architecture or

 

engineering, as applicable.

 

     (iii) The conduct of research in architecture or engineering, as

 

applicable.

 

     (4) As used in this section:

 

     (a) "Architect" means an individual who is licensed as an

 

architect under article 20 of the occupational code, 1980 PA 299,

 

MCL 339.2001 to 339.2014.

 

     (b) "Engineer" means an individual who is licensed as a

 

professional engineer under article 20 of the occupational code,

 

1980 PA 299, MCL 339.2001 to 339.2014.