672B-14 Immunity of panel members from liability.
§672B-14 Immunity of panel members from liability. No member of a design claim conciliation panel shall be liable in damages for libel, slander, or other defamation of character of any party to a design claim conciliation panel proceeding for any action taken or any decision, conclusion, finding, or recommendation made by the member while acting […]
672B-15 Statute of limitations tolled.
§672B-15 Statute of limitations tolled. The filing of the claim with the design claim conciliation panel or with an approved alternative dispute resolution provider shall toll any applicable statute of limitations, and any such statute of limitations shall remain tolled until sixty days after the date of the decision of the panel or the notification […]
672B-16 Duty to cooperate; assessment of costs and fees.
§672B-16 Duty to cooperate; assessment of costs and fees. [(a)] It shall be the duty of every person who files a claim with the design claim conciliation panel, every design professional against whom the claim is made, and every insurance carrier or other person providing professional tort liability insurance for the design professional, to cooperate […]
672B-17 Annual report.
§672B-17 Annual report. The director shall prepare and submit to the legislature annually, no later than twenty days prior to the convening of each regular session, a report containing the director’s evaluation of the operation and effects of this chapter. The report shall include a summary of the claims brought before the design claim conciliation […]
672B-9 Design claim conciliation panel hearing; decisions.
§672B-9 Design claim conciliation panel hearing; decisions. (a) Within thirty days after the completion of a hearing, the design claim conciliation panel shall file a written advisory decision with the department and shall thereupon mail copies to all parties concerned, and their counsel. The panel shall decide the issue of liability and shall state its […]
672B-10 Expungement of records; liability insurance rates.
§672B-10 Expungement of records; liability insurance rates. (a) Upon a decision by the design claim conciliation panel finding for the design professional pursuant to section 672B-9(a), the design professional may apply to the panel for expungement of all records of the related proceedings. The panel shall expunge all records if a majority of the panel […]
672B-11 Subsequent litigation; excluded evidence.
§672B-11 Subsequent litigation; excluded evidence. [(a)] The claimant may institute litigation based upon the claim in an appropriate court only after a party to a design claim conciliation panel hearing rejects the decision of the panel, or after the twelve-month period under section 672B-15 has expired. [(b)] No statement made in the course of the […]
672B-12 Arbitration; subsequent litigation.
§672B-12 Arbitration; subsequent litigation. Any person or the person’s representative claiming that a tort has been committed by a design professional or any design professional against whom a claim has been made may elect to bypass the court annexed arbitration program under section 601-20 after the claim has been submitted to the design claim conciliation […]
672B-13 Submission of claim to an alternative dispute resolution provider.
§672B-13 Submission of claim to an alternative dispute resolution provider. (a) Any claim initially filed with the design claim conciliation panel may be subsequently submitted to an alternative dispute resolution provider upon the written agreement of all of the parties to the claim and with the written approval of the director. The director shall approve […]
672B-1 Definitions.
§672B-1 Definitions. As used in this chapter: “Department” means the department of commerce and consumer affairs. “Design professional” means a professional engineer, architect, surveyor, or landscape architect licensed under chapter 464. “Director” means the director of commerce and consumer affairs. [L 2007, c 207, pt of §2]