|SB 0253||Revises the statute of limitations and requires an affidavit to be filed in actions against certain professionals|
|LR Number:||1021S.02C||Fiscal Note:||1021-02|
|Committee:||Pensions and General Laws|
|Last Action:||05/18/01 - S Inf Calendar S Bills for Perfection||Journal page:|
|Title:||SCS SBs 253 & 260|
|Effective Date:||August 28, 2001|
SCS/SBs 253 & 260 - This act revises the statute of limitations and adds economic loss damages for home improvements. The ten-year statute of limitations remains the same. Currently, the time period begins to run at completion of the improvement. "Completion" is not defined in the statute.
This act changes the starting date of the time limit to "substantial completion" and sets forth a definition of substantial completion. The bill also adds economic loss to the list of damages restricted by the ten-year time limit.
This act requires the plaintiff, in an action against a architect, engineer or surveyor, to file an affidavit with the court stating that the plaintiff obtained the written opinion of a legally qualified like licensed professional. The statement made by the licensed professional should state that the defendant licensed professional failed to use such care as a reasonably prudent and careful licensed professional would have under similar circumstances. The affidavit should be filed within ninety-five days of the filing of the petition. The case may be dismissed if the plaintiff or his attorney fails to file such affidavit. This act does not apply to actions filed in small claims court.
Portions of this act are similar to SB 775 (2000).
SA 1 - ADDS ACTIONS FOR INJURIES OR DEATH TO THE LIST OF TYPES OF ACTIONS FILED AGAINST AN ARCHTIECT, LAND SURVEYOR OR ENGINEER WHICH REQUIRE AN AFFIDAVIT OF A LIKE PROFESSIONAL.