2001 REGULAR SESSION (71st) A SB516 R1 896
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 1 through 48 and the preamble and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:
“Section 1. Chapter 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in this section and sections 3 and 4 of this act, unless the context otherwise requires, “design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS, or a person primarily engaged in the practice of architecture, landscape architecture, professional engineering or land surveying.
Sec. 3. 1. Except as otherwise provided in subsection 2, in an action commenced pursuant to NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act for the professional negligence of a design professional, concurrently with the service of the first pleading in the action, the attorney for the complainant shall file an affidavit with the court stating that the attorney:
(a) Has reviewed the facts of the case;
(b) Has consulted with an expert named in the affidavit;
(c) Reasonably believes the expert who was consulted is knowledgeable in the relevant discipline involved in the action; and
(d) Has concluded on the basis of his review and the consultation with the expert that the action has a reasonable basis in law and fact.
2. The attorney for the complainant may file the affidavit required pursuant to subsection 1 at a later time if he could not consult with an expert and prepare the affidavit before filing the action without causing the action to be impaired or barred by the statute of limitations or repose, or other limitations prescribed by law. If the attorney must submit the affidavit late, he shall file an affidavit concurrently with the service of the first pleading in the action stating his reason for failing to comply with subsection 1 and the attorney shall consult with an expert and file the affidavit required pursuant to subsection 1 not later than 45 days after filing the action.
3. In addition to the statement included in the affidavit pursuant to subsection 1, a report must be attached to the affidavit. Except as otherwise provided in subsection 4, the report must be prepared by the expert consulted by the attorney and include, without limitation:
(a) The resumé of the expert;
(b) A statement that the expert is experienced in each discipline which is the subject of the report;
(c) A copy of each nonprivileged document reviewed by the expert in preparing his report, including, without limitation, each record, report and related document that the expert has determined is relevant to the allegations of negligent conduct that are the basis for the action;
(d) The conclusions of the expert and the basis for the conclusions; and
(e) A statement that the expert has concluded that there is a reasonable basis for filing the action.
4. In an action brought by a claimant in which an affidavit is required to be filed pursuant to subsection 1:
(a) The report required pursuant to subsection 3 is not required to include the information set forth in paragraphs (c) and (d) of subsection 3 if the claimant or his attorney files an affidavit, at the time that the affidavit is filed pursuant to subsection 1, stating that he made reasonable efforts to obtain the nonprivileged documents described in paragraph (c) of subsection 3, but was unable to obtain such documents before filing the action;
(b) The claimant or his attorney shall amend the report required pursuant to subsection 3 to include any documents and information required pursuant to paragraph (c) or (d) of subsection 3 as soon as reasonably practicable after receiving the document or information; and
(c) The court may dismiss the action if the claimant and his attorney fail to comply with the requirements of paragraph (b).
5. An expert consulted by an attorney to prepare an affidavit pursuant to this section must not be a party to the action.
6. As used in this section, “expert” means a person who:
(a) Is licensed in a state to engage in the practice of architecture, landscape architecture, professional engineering or land surveying; or
(b) Teaches or has taught at an accredited college or university in a discipline relevant to the action.
Sec. 4. 1. The court shall dismiss any action commenced pursuant to NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act for the professional negligence of a design professional if the attorney for the complainant fails to:
(a) File an affidavit required pursuant to section 3 of this act;
(b) File a report required pursuant to subsection 3 of section 3 of this act; or
(c) Name the expert consulted in the affidavit required pursuant to subsection 1 of section 3 of this act.
2. The fact that an attorney for a complainant has complied or failed to comply with the provisions of section 3 of this act is admissible in the action.
Sec. 5. NRS 40.600 is hereby amended to read as follows:
40.600 As used in NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 40.605 to 40.630, inclusive, have the meanings ascribed to them in those sections.
Sec. 6. The amendatory provisions of this act do not apply to a claim initiated or an action commenced pursuant to NRS 40.600 to 40.695, inclusive, and sections 2, 3 and 4 of this act, unless the claim was initiated or the action was commenced on or after October 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to real property; requiring an affidavit in support of an action for professional negligence against certain design professionals; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: