Illinois General Assembly - Full Text of HB0701
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Full Text of HB0701  102nd General Assembly

HB0701 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0701

 

Introduced 2/8/2021, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-625 new

    Amends the Code of Civil Procedure. Provides that a defendant in an action alleging malpractice or negligence against an architect, engineer, or surveyor may request an affidavit of merit within 56 days after the complaint or notice of the action is served on the defendant. Provides that within 56 days after a request for an affidavit of merit is made, the plaintiff in the action shall file an affidavit of merit signed by an individual who the plaintiff reasonably believes meets certain requirements. Provides that the court may grant one extension of time for filing an affidavit of merit. Provides for dismissal of an action, with or without prejudice. Provides that a defendant's objection to an affidavit of merit shall be raised in a motion filed within 90 days after the affidavit of merit is served. Provides that if the court determines that an affidavit of merit does not fully comply with the requirements, the court shall allow the plaintiff 56 days to file one or more affidavits of merit that correct the deficiencies identified by the court. Provides that a defendant shall participate in discovery in the action as required by court rules. Provides that an affidavit of merit is not required in an action for breach of contract against an architect, engineer, or surveyor that does not involve the standard of care.


LRB102 12815 LNS 18156 b

 

 

A BILL FOR

 

HB0701LRB102 12815 LNS 18156 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5adding Section 2-625 as follows:
 
6    (735 ILCS 5/2-625 new)
7    Sec. 2-625. Affidavit of merit in malpractice or
8negligence action against an architect, engineer, or surveyor.
9    (a) A defendant in an action alleging malpractice or
10negligence against an architect, engineer, or surveyor may
11request an affidavit of merit within 56 days after the
12complaint or notice of the action is served on the defendant. A
13defendant who does not request an affidavit of merit waives
14the right to do so.
15    (b) Within 56 days after a request is made under
16subsection (a), the plaintiff in the action shall file an
17affidavit of merit signed by an individual who the plaintiff,
18or the plaintiff's attorney, reasonably believes meets the
19requirements of subsection (c).
20    The affiant shall state in the affidavit of merit:
21        (1) that he or she has reviewed all records supplied
22    by the plaintiff or the plaintiff's attorney concerning
23    the conduct that is the subject of the action;

 

 

HB0701- 2 -LRB102 12815 LNS 18156 b

1        (2) that he or she has reviewed the applicable
2    standard of care;
3        (3) that it is his or her opinion that the applicable
4    standard of care was breached by the architect, engineer,
5    or surveyor;
6        (4) the actions that should have been taken or omitted
7    by the architect, engineer, or surveyor to comply with the
8    applicable standard of care; and
9        (5) that the breach of the standard of care was a
10    proximate cause of the alleged injury or damage to the
11    plaintiff.
12    (c) An individual is qualified to sign an affidavit of
13merit under subsection (b) if the individual is:
14        (1) licensed in this State as:
15            (i) an architect under the Illinois Architecture
16        Practice Act of 1989;
17            (ii) an engineer under the Professional
18        Engineering Practice Act of 1989 or the Structural
19        Engineering Practice Act of 1989; or
20            (iii) a surveyor under the Illinois Professional
21        Land Surveyor Act of 1989; and
22        (2) engaged in the practice of the same discipline as
23    the defendant.
24    (d) In an action alleging malpractice or negligence
25against an architect, engineer, or surveyor, the court, on
26motion and a showing of good cause, may grant one extension of

 

 

HB0701- 3 -LRB102 12815 LNS 18156 b

1time for filing an affidavit of merit under subsection (b) for
2not more than 56 days. A motion to extend the time for filing
3an affidavit of merit under subsection (b) shall be filed
4before the expiration of the original 56 days provided under
5subsection (b).
6    (e) If a plaintiff fails to file an affidavit of merit
7under subsection (b), the court shall dismiss the action with
8prejudice. The plaintiff may voluntarily dismiss the action
9before the expiration of time for filing the affidavit of
10merit. A voluntary dismissal by the plaintiff under this
11subsection is without prejudice. Any action refiled after a
12voluntary dismissal by the plaintiff under this subsection
13shall be filed with an affidavit of merit that complies with
14subsection (b). The court shall dismiss with prejudice a
15refiled action that is not accompanied by an affidavit of
16merit that complies with subsection (b).
17    (f) A defendant's objection to an affidavit of merit filed
18under subsection (b) shall be raised in a motion filed within
1990 days after the affidavit of merit is served. An objection to
20an affidavit of merit filed under this subsection that is not
21included in a timely filed motion is waived.
22    (g) If the court determines that an affidavit of merit
23filed under subsection (b) does not fully comply with this
24Section, the court shall allow the plaintiff 56 days to file
25one or more affidavits of merit that correct the deficiencies
26identified by the court. The filing of an affidavit of merit

 

 

HB0701- 4 -LRB102 12815 LNS 18156 b

1under this subsection relates back to the date of filing the
2original complaint or notice requesting arbitration. If one or
3more affidavits of merit are filed under this subsection, the
4defendant may renew its objections by filing a motion within
514 days after service of the affidavits of merit.
6    (h) A defendant in an action alleging malpractice or
7negligence against an architect, engineer, or surveyor shall
8participate in discovery in the action in good faith as
9required by court rules.
10    (i) An affidavit of merit under subsection (b) is not
11required in an action for breach of contract against an
12architect, engineer, or surveyor that does not involve the
13standard of care.
14    (j) As used in this Section:
15    "Architect" means an individual who is licensed as an
16architect under the Illinois Architecture Practice Act of 1989
17and who is actively engaged in the practice of architecture in
18this State. "Architect" includes an organization in which an
19architect practices.
20    "Defendant" includes a cross defendant, counterdefendant,
21or third-party defendant.
22    "Engineer" means an individual who is licensed as an
23engineer under the Professional Engineering Practice Act of
241989 or the Structural Engineering Practice Act of 1989 and
25who is actively engaged in the practice of engineering in this
26State. "Engineer" includes an organization in which an

 

 

HB0701- 5 -LRB102 12815 LNS 18156 b

1engineer practices.
2    "Organization" means a corporation, partnership, limited
3liability company, joint venture, or other business entity.
4    "Plaintiff" includes a cross plaintiff, counterclaimant,
5or third-party plaintiff.
6    "Surveyor" means an individual who is licensed as a
7surveyor under the Illinois Professional Land Surveyor Act of
81989 and who is actively engaged in the practice of surveying
9in this State. "Surveyor" includes an organization in which a
10surveyor practices.
11    (k) This Section shall not be construed to extend any
12applicable period of limitation or repose.