Senate Bill No. 218–Senator O’Connell (by request)
February 20, 2001
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes changes concerning certain professions. (BDR 54‑76)
FISCAL NOTE: Effect on Local Government: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to professions; requiring the satisfactory completion of a course of instruction in ethics by certain applicants for licensure as professional engineers and land surveyors; establishing a screening panel to review certain claims against architects, professional engineers, professional land surveyors and registered interior designers; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 625.183 is hereby amended to read as follows:
1-2 625.183 1. A person who:
1-3 (a) Is 21 years of age or older; and
1-4 (b) Is a citizen of the United States or is lawfully entitled to remain and
1-5 work in the United States,
1-6 may apply to the board, in accordance with the provisions of this chapter
1-7 and any regulations adopted by the board, for licensure as a professional
1-8 engineer.
1-9 2. An applicant for licensure as a professional engineer must:
1-10 (a) Be of good character and reputation; and
1-11 (b) Pass the examination on the:
1-12 (1) Fundamentals of engineering or receive a waiver of that
1-13 requirement; and
1-14 (2) Principles and practices of engineering,
1-15 pursuant to NRS 625.193.
1-16 3. An applicant for licensure as a professional engineer may not take
1-17 the examination on the
principles and practices of engineering, unless
[he] :
1-18 (a) He is a graduate of an engineering curriculum of 4 years or more
1-19 that is approved by the board ;
1-20 (b) He has successfully completed:
2-1 (1) Three semester units, or an equivalent number of quarter units,
2-2 in a course of instruction in the ethics of professional engineering
2-3 offered by a university or community college that is part of the University
2-4 and Community College System of Nevada or offered by any other
2-5 accredited university or community college; or
2-6 (2) An equivalent course or seminar of instruction in the ethics of
2-7 professional engineering that is approved by the board; and
2-8 (c) He has a record of 4 years or more of active experience in
2-9 engineering that is satisfactory to the board and indicates that he is
2-10 competent to be placed in responsible charge of engineering work.
2-11 4. To determine whether an applicant for licensure as a professional
2-12 engineer has an adequate record of active experience pursuant to
2-13 subsection 3:
2-14 (a) Two of the 4 years of active experience must have been completed
2-15 by working under the direct supervision of a professional engineer who is
2-16 licensed in the discipline in which the applicant is applying for licensure,
2-17 unless that requirement is waived by the board.
2-18 (b) The execution, as a contractor, of work designed by a professional
2-19 engineer or the supervision of the construction of that work as a foreman or
2-20 superintendent, is not equivalent to active experience in engineering.
2-21 5. A person who is not working in the field of engineering when he
2-22 applies for licensure is eligible for licensure as a professional engineer if he
2-23 complies with the requirements for licensure prescribed in this chapter.
2-24 Sec. 2. NRS 625.270 is hereby amended to read as follows:
2-25 625.270 1. A person who:
2-26 (a) Is 21 years of age or older; and
2-27 (b) Is a citizen of the United States or is lawfully entitled to remain and
2-28 work in the United States,
2-29 may apply to the board, in accordance with the provisions of this chapter
2-30 and any regulations adopted by the board, for licensure as a professional
2-31 land surveyor.
2-32 2. An applicant for licensure as a professional land surveyor must:
2-33 (a) Be of good character and reputation; and
2-34 (b) Pass the examination on the:
2-35 (1) Fundamentals of land surveying or receive a waiver of that
2-36 requirement; and
2-37 (2) Principles and practices of land surveying,
2-38 pursuant to NRS 625.280.
2-39 3. An applicant for licensure as a professional land surveyor may not
2-40 take the examination on the principles and practices of land surveying,
2-41 unless [he] :
2-42 (a) He is a graduate of a land-surveying curriculum of 4 years or more
2-43 that is approved by the board ;
2-44 (b) He has successfully completed:
2-45 (1) Three semester units, or an equivalent number of quarter units,
2-46 in a course of instruction in the ethics of professional land surveying
2-47 offered by a university or community college that is part of the University
2-48 and Community College System of Nevada or offered by any other
2-49 accredited university or community college; or
3-1 (2) An equivalent course or seminar of instruction in the ethics of
3-2 professional land surveying that is approved by the board; and
3-3 (c) He has a record of 4 years or more of active experience in land
3-4 surveying that is satisfactory to the board and indicates that he is competent
3-5 to be placed in responsible charge of land-surveying work.
3-6 4. To determine whether an applicant for licensure as a professional
3-7 land surveyor has an adequate record of active experience pursuant to
3-8 subsection 3:
3-9 (a) Two of the 4 years of active experience must have been completed
3-10 by working under the direct supervision of a professional land surveyor,
3-11 unless that requirement is waived by the board.
3-12 (b) The execution, as a contractor, of work designed by a professional
3-13 land surveyor, or the supervision of the construction of that work as a
3-14 foreman or superintendent, is not equivalent to active experience in land
3-15 surveying.
3-16 5. A person who is not working in the field of land surveying when he
3-17 applies for licensure is eligible for licensure as a professional land surveyor
3-18 if he complies with the requirements for licensure prescribed in this
3-19 chapter.
3-20 Sec. 3. Title 3 of NRS is hereby amended by adding thereto a new
3-21 chapter to consist of the provisions set forth as sections 4 to 30, inclusive,
3-22 of this act.
3-23 Sec. 4. As used in this chapter, unless the context otherwise
3-24 requires, the words and terms defined in sections 5 to 14, inclusive, of
3-25 this act have the meanings ascribed to them in those sections.
3-26 Sec. 5. “Architect” has the meaning ascribed to it in NRS 623.017.
3-27 Sec. 6. “Claim” means any action for damages arising from errors
3-28 or omissions or for the alleged malpractice in the professional practice of
3-29 a design professional.
3-30 Sec. 7. “Damage” includes any loss resulting from the professional
3-31 negligence of a design professional. The term does not include a
3-32 constructional defect, as that term is defined in NRS 40.615.
3-33 Sec. 8. “Design professional” includes:
3-34 1. A professional engineer;
3-35 2. A professional land surveyor;
3-36 3. An architect;
3-37 4. A registered interior designer; and
3-38 5. A corporation, company, limited-liability company, partnership,
3-39 firm or other employer of a professional engineer, professional land
3-40 surveyor, architect or registered interior designer.
3-41 Sec. 9. “Division” means the division of insurance of the
3-42 department of business and industry.
3-43 Sec. 10. “Engineering, surveying and design records” means written
3-44 reports, notes, orders, photographs, plans or other written records
3-45 received or produced by a design professional, that contain information
3-46 relating to the engineering, surveying or design project that is the subject
3-47 of a claim.
4-1 Sec. 11. “Malpractice” means the failure of a design professional, in
4-2 rendering services, to use the reasonable care, skill or knowledge
4-3 ordinarily used under similar circumstances.
4-4 Sec. 12. “Professional engineer” has the meaning ascribed to it in
4-5 NRS 625.060.
4-6 Sec. 13. “Professional land surveyor” has the meaning ascribed to it
4-7 in NRS 625.070.
4-8 Sec. 14. “Registered interior designer” has the meaning ascribed to
4-9 it in NRS 623.026.
4-10 Sec. 15. 1. No action involving a claim may be filed until the claim
4-11 has been submitted to a screening panel and a determination made by the
4-12 panel as provided in this chapter.
4-13 2. Any action involving a claim that is filed without satisfying the
4-14 requirements of this chapter is subject to dismissal without prejudice for
4-15 failure to comply with this section.
4-16 3. The written findings of the screening panel are admissible in any
4-17 action concerning a claim that is subsequently filed in district court. No
4-18 other evidence concerning the screening panel or its deliberations is
4-19 admissible, and no member of the screening panel may be called to testify
4-20 in such an action.
4-21 Sec. 16. There is hereby created a tentative screening panel from
4-22 which a screening panel must be selected to hear a claim.
4-23 Sec. 17. 1. The board of governors of the Nevada Trial Lawyers
4-24 Association may designate 40 of its members to serve on the tentative
4-25 screening panel. Each person so designated shall serve for a term of 1
4-26 year.
4-27 2. The state board of architecture, interior design and residential
4-28 design may designate 40 of its members to serve on the tentative
4-29 screening panel. Each person so designated shall serve for a term of 1
4-30 year. The number of members designated by the board must include an
4-31 equal number of members who are architects and registered interior
4-32 designers.
4-33 3. The state board of professional engineers and land surveyors may
4-34 designate 40 of its members to serve on the tentative screening panel.
4-35 Each person so designated shall serve for a term of 1 year. The number
4-36 of members designated by the board must include an equal number of
4-37 members who are professional engineers and professional land
4-38 surveyors.
4-39 Sec. 18. 1. The commissioner of insurance shall arrange for
4-40 courses of instruction in the rules of procedure and substantive law
4-41 appropriate for members of the tentative screening panel.
4-42 2. A person who has been designated to serve on the tentative
4-43 screening panel must attend the instruction provided pursuant to
4-44 subsection 1 before serving on a screening panel.
4-45 Sec. 19. 1. The members of a screening panel shall elect one
4-46 member to serve as chairman.
4-47 2. A screening panel is a state agency.
4-48 3. The rules adopted pursuant to section 20 of this act apply to all
4-49 screening panels.
5-1 4. The provisions of chapter 241 of NRS do not apply to a meeting of
5-2 a screening panel.
5-3 Sec. 20. The division, through the commissioner of insurance:
5-4 1. Shall maintain a list that identifies the name and profession of the
5-5 attorneys and design professionals designated as qualified to serve on the
5-6 tentative screening panel;
5-7 2. Shall select the members of screening panels;
5-8 3. Shall schedule hearings for the panels;
5-9 4. Shall obtain, before or after the filing of a complaint, such
5-10 engineering, surveying and design records, statements of policy and
5-11 procedure, and other materials as may be required by the parties or the
5-12 screening panel in connection with the claim;
5-13 5. Shall charge and collect a reasonable fee for copying materials
5-14 produced under subpoena;
5-15 6. May, for good cause shown, authorize a continuance for the
5-16 proceedings involving a screening panel; and
5-17 7. May adopt rules of practice and procedure to carry out its duties
5-18 as set forth in this chapter.
5-19 Sec. 21. Any money received by the division pursuant to the
5-20 provisions of this chapter must be deposited with the state treasurer for
5-21 credit to the account for the division of insurance in the state general
5-22 fund. The administrative costs of the screening panels must be paid from
5-23 the account.
5-24 Sec. 22. 1. A claim is properly presented to a screening panel by
5-25 filing a complaint with the division. A fee of $350 must accompany the
5-26 complaint.
5-27 2. The complaint must contain a clear and concise statement of the
5-28 facts of the case, showing the persons involved and the dates and
5-29 circumstances, so far as they are known, of the alleged errors, omissions
5-30 or malpractice that is the basis for the claim. The screening panel may
5-31 dismiss the complaint if the complaint is filed without an affidavit
5-32 supporting the allegations of the complaint submitted by an expert in
5-33 engineering, land-surveying or design.
5-34 3. The person against whom the complaint is made must, within 90
5-35 days after receipt of the complaint, file an answer with the division,
5-36 accompanied by a fee of $350. The division may authorize an extension
5-37 of the time in which an answer must be filed only if all parties to the
5-38 action stipulate to the extension.
5-39 4. If an answer is not timely filed with the division, the respondent
5-40 who failed to file may not participate in any conference held pursuant to
5-41 section 23 of this act.
5-42 5. The claimant may respond only to the allegations of the answer or
5-43 any accompanying affidavit by filing a written response with the division
5-44 within 30 days after he receives the answer. The screening panel shall
5-45 disregard any portion of a response that does not address an allegation
5-46 raised in the answer or any affidavit accompanying the answer. No fee
5-47 may be charged or collected by the division for the filing of the response.
5-48 The division may authorize an extension of the time in which a response
5-49 may be filed only if all parties to the action stipulate to the extension.
6-1 6. Unless otherwise stipulated to by all the parties to the action, the
6-2 division shall not accept an answer or response that is not timely filed.
6-3 7. A copy of any pleading required by this section to be filed with the
6-4 division must be delivered by the party, by certified or registered mail or
6-5 by personal service, to each opposing party or, if he is represented in the
6-6 proceedings by counsel, to his attorney.
6-7 8. The fees required by this section must not be charged or collected
6-8 more than once:
6-9 (a) From any party; or
6-10 (b) For the filing of a complaint, regardless of the number of parties
6-11 joined in the complaint.
6-12 9. If a person fails to pay a fee required by this section, the
6-13 commissioner of insurance may refer the nonpayment to the office of the
6-14 attorney general for collection of the fee and any costs incurred.
6-15 Sec. 23. 1. Within 35 days after the expiration of the time in which
6-16 to answer the complaint filed pursuant to section 22 of this act, the
6-17 division shall hold a conference to resolve any issues as to challenges for
6-18 cause. For good cause shown, the division may continue the conference
6-19 once, for a period not to exceed 7 days. A party may challenge any person
6-20 on the tentative screening panel for cause on any of the grounds
6-21 provided by NRS 16.050 for the challenge of jurors.
6-22 2. The division shall determine whether cause exists to excuse a
6-23 member of the tentative screening panel and shall notify each party of
6-24 the excused members not later than the completion of the conference
6-25 required by subsection 1.
6-26 3. Except as otherwise provided in this subsection, each party is
6-27 entitled to not more than:
6-28 (a) Three peremptory challenges from the list of attorneys;
6-29 (b) Three peremptory challenges from the list of architects selected for
6-30 the tentative screening panel, if the respondent is an architect;
6-31 (c) Three peremptory challenges from the list of professional
6-32 engineers selected for the tentative screening panel, if the respondent is a
6-33 professional engineer;
6-34 (d) Three peremptory challenges from the list of professional land
6-35 surveyors selected for the tentative screening panel, if the respondent is a
6-36 professional land surveyor; and
6-37 (e) Three peremptory challenges from the list of registered interior
6-38 designers selected for the tentative screening panel, if the respondent is a
6-39 registered interior designer.
6-40 If there are two or more claimants or respondents, they are collectively
6-41 entitled to not more than six peremptory challenges from the list of
6-42 members selected for the tentative screening panel. Each party asserting
6-43 a peremptory challenge shall notify the division of the challenge at the
6-44 conference required by subsection 1. If the same attorney represents
6-45 several parties, those parties shall be deemed to be one party for
6-46 determining the distribution of peremptory challenges.
6-47 4. To select a screening panel for review of a claim, the division shall
6-48 randomly select from the list of members selected for the tentative
7-1 screening panel who have not been excused for cause or by a peremptory
7-2 challenge, the names of:
7-3 (a) Three architects, professional engineers, professional land
7-4 surveyors or registered interior designers; and
7-5 (b) Two attorneys.
7-6 5. The division shall notify the parties and the members of the
7-7 tentative screening panel selected to serve on the screening panel
7-8 immediately after it has made the selections. If any member so selected
7-9 declines to serve, the division shall immediately and randomly select a
7-10 replacement from the list. The division shall not release or disclose to any
7-11 person the names of the persons selected.
7-12 6. If, because of the exercise of challenges for cause or peremptory
7-13 challenges or any other reason, fewer than three architects, professional
7-14 engineers, professional land surveyors or registered interior designers or
7-15 fewer than two attorneys remain available to serve on the screening
7-16 panel, the division shall immediately notify the Nevada Trial Lawyers
7-17 Association, the state board of architecture, interior design and
7-18 residential design or the state board of professional engineers and land
7-19 surveyors, as appropriate. The association or board shall immediately
7-20 designate from among its members the required number of persons to
7-21 serve on the screening panel.
7-22 7. A person who is not designated pursuant to this section may not
7-23 serve on the screening panel.
7-24 Sec. 24. 1. The division may, by certified or registered mail, issue
7-25 subpoenas as may be required by the screening panel, to compel the
7-26 attendance of an expert witness and, as may be required by the parties or
7-27 the screening panel, to compel the production of books, papers,
7-28 engineering, surveying and design records, statements of policy and
7-29 procedure, or other materials.
7-30 2. The division shall keep any materials so produced and make the
7-31 materials available to the parties, upon request, for inspection or
7-32 copying. If the materials are reasonably capable of being copied, the
7-33 division shall provide a copy to the parties upon request and receipt of a
7-34 fee for copying the materials.
7-35 3. If an expert witness refuses to attend or testify, or if a person
7-36 refuses to produce the materials required by a subpoena, the division
7-37 may report to the district court by petition setting forth that:
7-38 (a) Notice was given of the time and place of attendance by the expert
7-39 witness or for the production of the materials;
7-40 (b) The expert witness or the person required to produce the materials
7-41 was subpoenaed by the division pursuant to this section; and
7-42 (c) The expert witness has failed or refused to attend or testify, or the
7-43 person has failed or refused to produce the materials required by the
7-44 subpoena or has refused to answer questions propounded to him,
7-45 and asking for an order of the court compelling the expert witness to
7-46 attend and testify or the other person to produce the materials.
7-47 4. Upon receiving such a petition, the court shall enter an order
7-48 directing the expert witness or other person to appear before the court at
7-49 a time and place fixed by the court in its order, the time to be not more
8-1 than 10 days after the date of the order, and show cause why the expert
8-2 witness has not attended or testified, or the person has not produced the
8-3 materials. A certified copy of the order must be served upon the expert
8-4 witness or other person.
8-5 5. If it appears to the court that the subpoena was regularly issued by
8-6 the division, the court shall enter an order that the expert witness or
8-7 other person appear at the time and place fixed in the order and testify or
8-8 produce the required materials and, upon his failure to obey the order,
8-9 the expert witness or other person must be dealt with as for contempt of
8-10 court.
8-11 Sec. 25. 1. Except as otherwise provided in this section, discovery
8-12 must not be made or conducted before or during a hearing held pursuant
8-13 to section 26 of this act.
8-14 2. Before the hearing, each party may conduct a test of the property
8-15 relating to the claim that is not invasive or destructive. The test must be
8-16 conducted not later than 15 days after the complaint is filed with the
8-17 division pursuant to section 22 of this act at a time that is agreeable to
8-18 the parties, or as otherwise directed by the division.
8-19 3. If a person other than the respondent against whom a claim has
8-20 been made has conducted a test of the property relating to the claim that
8-21 is invasive or destructive, the respondent against whom the claim has
8-22 been made may conduct a test of that property that is similarly
8-23 destructive or invasive. The test must be conducted not later than 15 days
8-24 after the complaint is filed with the division pursuant to section 22 of this
8-25 act at a time that is agreeable to the parties, or as otherwise directed by
8-26 the division.
8-27 Sec. 26. 1. A claim must be heard by the screening panel within 30
8-28 days after the panel is selected.
8-29 2. The screening panel shall consider the documentary material,
8-30 including the complaint, answer and response, engineering, surveying
8-31 and design records, any other documentary material, and the testimony
8-32 of any witness the panel considers necessary, and shall determine
8-33 whether there is a reasonable probability that there was an error,
8-34 omission or malpractice by the respondent that caused damage to the
8-35 claimant.
8-36 3. Copies of the original complaint and the findings of the screening
8-37 panel regarding each matter considered by the panel must be forwarded
8-38 to the county engineer or county surveyor, as appropriate, of the county
8-39 where the property relating to the claim is located and:
8-40 (a) The state board of architecture, interior design and residential
8-41 design, if the respondent is an architect or a registered interior designer;
8-42 or
8-43 (b) The state board of professional engineers and land surveyors, if
8-44 the respondent is a professional engineer or professional land surveyor.
8-45 4. The commissioner of insurance shall mail to the parties a copy of
8-46 the written findings of the screening panel concerning the complaint.
8-47 5. The written findings must be based upon a vote of the members of
8-48 the screening panel made by written ballot, must be rendered within 5
8-49 days after the review and must be in substantially the following form:
9-1 (a) Based upon a review of the materials submitted by the parties and
9-2 the testimony of the engineering, land surveying, architectural or design
9-3 experts, if any were called, we find there is a reasonable probability that
9-4 there was an error, omission or malpractice by the respondent and that
9-5 the claimant was damaged thereby.
9-6 (b) Based upon a review of the materials submitted by the parties and
9-7 the testimony of engineering, land surveying, architectural or design
9-8 experts, if any were called, we find there is not a reasonable probability
9-9 that there was an error, omission or malpractice by the respondent or
9-10 that the claimant was damaged thereby.
9-11 (c) Based upon a review of the materials submitted by the parties and
9-12 the testimony of engineering, land surveying, architectural or design
9-13 experts, if any were called, we are unable to determine whether there is a
9-14 reasonable probability that there was an error, omission or malpractice
9-15 by the respondent or that the claimant was damaged thereby.
9-16 6. If three members of the screening panel are unable to determine
9-17 whether there is a reasonable probability of an error, omission or
9-18 malpractice by the respondent, or whether there is a reasonable
9-19 probability that the damage was caused by an error, omission or
9-20 malpractice of the respondent, the screening panel shall be deemed
9-21 unable to reach a decision on the issue and shall make a finding to that
9-22 effect.
9-23 Sec. 27. 1. If a screening panel finds in favor of the claimant and
9-24 an action based on the claim is thereafter filed in district court, a
9-25 conference for settlement must be held as provided in section 28 of this
9-26 act.
9-27 2. If the determination is not in favor of the claimant, the claimant
9-28 may file such an action in district court. If the claimant does not obtain a
9-29 judgment in his favor in district court, the defendant must be awarded
9-30 reasonable costs and attorney’s fees incurred after the date of filing the
9-31 action in district court.
9-32 3. If a screening panel is unable, for any reason, to reach a decision,
9-33 the claimant may:
9-34 (a) File such an action in district court; or
9-35 (b) Proceed no further with the complaint.
9-36 4. If the claimant files such an action in district court, a person must
9-37 not be named as a party in the action unless the person was named as a
9-38 party in the complaint that was filed with the division and considered by
9-39 the screening panel.
9-40 Sec. 28. 1. In an action for damages arising from the errors,
9-41 omissions or alleged malpractice of a design professional filed in district
9-42 court after a determination by a screening panel that there is a
9-43 reasonable probability that the damage was caused by an error, omission
9-44 or malpractice of the design professional, the plaintiff, the defendant, the
9-45 representative of the insurer of the design professional and their
9-46 respective attorneys shall attend a conference for settlement before a
9-47 district judge, other than the judge assigned to the case, to determine the
9-48 amount of the damages to the plaintiff. The judge before whom the
9-49 conference is held:
10-1 (a) Must be selected randomly by the clerk of the court upon receiving
10-2 the notice described in subsection 2, except that the judge may not be the
10-3 judge assigned to the case;
10-4 (b) May, for good cause shown, waive the attendance of a party; and
10-5 (c) Shall decide the information the parties may submit at the
10-6 conference.
10-7 2. In any such action, the responsive pleading of the defendant must
10-8 be accompanied by a notice to the clerk of the court that the case must be
10-9 scheduled for a conference for settlement. If the defendant does not file
10-10 this notice, the notice may be filed by another party. The clerk of the
10-11 court shall immediately notify the judge before whom the conference will
10-12 be held of the receipt of that notice.
10-13 3. The judge shall notify the parties, within 7 days after receipt of the
10-14 notice, of the time and place of the conference for settlement, which must
10-15 not be later than 60 days after receipt of the notice. The judge shall,
10-16 before the date scheduled for the conference, cause the deposition of:
10-17 (a) The plaintiff;
10-18 (b) The defendant; and
10-19 (c) A person designated by the plaintiff to
testify regarding
damages,
10-20 to be taken in the manner prescribed by rule of court for taking a
10-21 deposition in a civil action in a district court.
10-22 4. The judge before whom the conference for settlement will be held
10-23 may, for good cause shown, continue the conference for a period not to
10-24 exceed 15 days. Only one such continuance may be granted.
10-25 5. Within 15 days after the conference for settlement, the judge
10-26 before whom the conference was held shall determine, solely from the
10-27 information submitted at the conference, the reasonable value of the
10-28 claim and shall notify the parties of his determination in writing.
10-29 6. Within 14 days after the receipt of the determination of the judge
10-30 of the reasonable value of the claim, the defendant shall offer to the
10-31 plaintiff the amount determined by the judge or reject the determination.
10-32 If the defendant rejects the determination and the plaintiff is awarded an
10-33 amount greater than the amount of the determination, the plaintiff must
10-34 be awarded reasonable costs and attorney’s fees incurred after the date
10-35 of rejection.
10-36 7. Within 14 days after the plaintiff receives an offer from the
10-37 defendant for the amount determined by the judge, the plaintiff shall
10-38 accept or reject the offer. If the plaintiff rejects the offer and the plaintiff
10-39 is awarded an amount that is less than the amount of the offer, the
10-40 defendant must be awarded reasonable costs and attorney’s fees incurred
10-41 after the date of rejection.
10-42 Sec. 29. 1. In an action for damages arising from the errors,
10-43 omissions or alleged malpractice of an architect that is tried before a
10-44 jury, the following instructions must be given to the jury:
10-45 (a) If testimony of an expert in architecture was given at the review by
10-46 the screening panel:
11-1 During the course of this trial certain evidence was admitted
11-2 concerning the findings of a screening panel. The findings of the
11-3 panel were based upon a review of design records and the testimony
11-4 of an expert in architecture based upon his review of the design
11-5 records. These findings are to be given the same weight as other
11-6 evidence and are not to be conclusive in your determination of the
11-7 case.
11-8 (b) If testimony of an expert in architecture was not given at the
11-9 review by the screening panel:
11-10 During the course of this trial certain evidence was admitted
11-11 concerning the findings of a screening panel. The findings of the
11-12 panel were based solely upon a review of the design records. These
11-13 findings are to be given the same weight as other evidence and are
11-14 not to be conclusive in your determination of the case.
11-15 2. In an action for damages arising from the errors, omissions or
11-16 alleged malpractice of a professional engineer that is tried before a jury,
11-17 the following instructions must be given to the jury:
11-18 (a) If testimony of an expert in engineering was given at the review by
11-19 the screening panel:
11-20 During the course of this trial certain evidence was admitted
11-21 concerning the findings of a screening panel. The findings of the
11-22 panel were based upon a review of engineering records and the
11-23 testimony of an expert in engineering based upon his review of the
11-24 engineering records. These findings are to be given the same weight
11-25 as other evidence and are not to be conclusive in your determination
11-26 of the case.
11-27 (b) If testimony of an expert in engineering was not given at the
11-28 review by the screening panel:
11-29 During the course of this trial certain evidence was admitted
11-30 concerning the findings of a screening panel. The findings of the
11-31 panel were based solely upon a review of the engineering records.
11-32 These findings are to be given the same weight as other evidence
11-33 and are not to be conclusive in your determination of the case.
11-34 3. In an action for damages arising from the errors, omissions or
11-35 alleged malpractice of a professional land surveyor that is tried before a
11-36 jury, the following instructions must be given to the jury:
11-37 (a) If testimony of an expert in land surveying was given at the review
11-38 by the screening panel:
11-39 During the course of this trial certain evidence was admitted
11-40 concerning the findings of a screening panel. The findings of the
11-41 panel were based upon a review of surveying records and the
12-1 testimony of an expert in land surveying based upon his review of
12-2 the surveying records. These findings are to be given the same
12-3 weight as other evidence and are not to be conclusive in your
12-4 determination of the case.
12-5 (b) If testimony of an expert in land surveying was not given at the
12-6 review by the screening panel:
12-7 During the course of this trial certain evidence was admitted
12-8 concerning the findings of a screening panel. The findings of the
12-9 panel were based solely upon a review of the surveying records.
12-10 These findings are to be given the same weight as other evidence
12-11 and are not to be conclusive in your determination of the case.
12-12 4. In an action for damages arising from the errors, omissions or
12-13 alleged malpractice of a registered interior designer that is tried before a
12-14 jury, the following instructions must be given to the jury:
12-15 (a) If testimony of an expert in interior design was given at the review
12-16 by the screening panel:
12-17 During the course of this trial certain evidence was admitted
12-18 concerning the findings of a screening panel. The findings of the
12-19 panel were based upon a review of interior design records and the
12-20 testimony of an expert in interior design based upon his review of
12-21 the interior design records. These findings are to be given the same
12-22 weight as other evidence and are not to be conclusive in your
12-23 determination of the case.
12-24 (b) If testimony of an expert in interior design was not given at the
12-25 review by the screening panel:
12-26 During the course of this trial certain evidence was admitted
12-27 concerning the findings of a screening panel. The findings of the
12-28 panel were based solely upon a review of the interior design records.
12-29 These findings are to be given the same weight as other evidence
12-30 and are not to be conclusive in your determination of the case.
12-31 Sec. 30. 1. In any action for damages arising from the errors,
12-32 omissions or alleged malpractice of design professional, the applicable
12-33 statute of limitations is tolled from the date the claimant files a complaint
12-34 for review by a screening panel until 30 days after the date the panel
12-35 notifies the claimant, in writing, of its findings.
12-36 2. The provisions of this section apply to an action:
12-37 (a) For damages arising from the errors, omissions or alleged
12-38 malpractice of a design professional; and
12-39 (b) Against a person, government or political subdivision of a
12-40 government that is alleged by the claimant to be liable vicariously for
12-41 damages caused by the errors, omissions or alleged malpractice of a
12-42 design professional, if the design professional, other person, or
13-1 government or political subdivision has received timely notice of the
13-2 filing of a complaint for review by a screening panel pursuant to section
13-3 22 of this act.
13-4 Sec. 31. The amendatory provisions of this act do not apply to an
13-5 action to recover damages resulting from the errors, omissions or
13-6 malpractice in the professional practice of a person holding a license or
13-7 registration as a design professional that is filed before January 1, 2002.
13-8 Sec. 32. 1. This section and sections 3 to 31, inclusive, of this act
13-9 become effective on January 1, 2002.
13-10 2. Section 1 of this act become effective at 12:01 a.m. on July 1, 2010.
13-11 3. Section 2 of this act becomes effective at 12:01 a.m. on July 1,
13-12 2010, if, on or before July 1, 2006, the board of regents of the University of
13-13 Nevada publicly declares the establishment of a land-surveying curriculum.
13-14 H