Bill Text: OR SB480 | 2013 | Regular Session | Introduced

Oregon Senate Bill 480 (Prior Session Legislation)

Bill Title: Relating to pleading requirements for actions against construction design professionals.

Sponsorship: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB480 Detail]

Download: Oregon-2013-SB480-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2816

                         Senate Bill 480

Sponsored by COMMITTEE ON JUDICIARY

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Modifies requirement that attorney for person asserting claim
against construction design professional certify that witness
construction design professional is available and willing to
testify in favor of claimant.

                        A BILL FOR AN ACT
Relating to pleading requirements for actions against
  construction design professionals; creating new provisions; and
  amending ORS 31.300.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 31.300 is amended to read:
  31.300. (1) As used in this section  { - , - }  { + :
  (a) + } 'Construction design professional' means an architect,
registered landscape architect, professional engineer or
professional land surveyor.
   { +  (b) 'Witness construction design professional' means a
construction design professional who:
  (A) Is licensed in this state to practice the same profession
as the construction design professional against whom a claim is
asserted;
  (B) Is actively practicing the same profession as the
construction design professional against whom a claim is
asserted; and
  (C) 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
against whom a claim is asserted. + }
  (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 - }
 { + witness + } 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 - }   { + witness + } 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 - }   { + an + } inquiry
 { - as - }   { + that + } is reasonable under the circumstances
and has made a good faith attempt to consult with at least one
 { - licensed - }   { + potential witness + } 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.  { + The amendments to ORS 31.300 by section 1 of
this 2013 Act apply only to complaints, cross-claims,
counterclaims and third-party complaints filed on or after the
effective date of this 2013 Act. + }
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