§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]
§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. [(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. 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. (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-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. 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. [(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. 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-2 Administration of chapter. The director shall be responsible for the implementation and administration of this chapter and shall adopt rules, in conformity with chapter 91, necessary for the purposes of this chapter. [L 2007, c 207, pt of §2]
§672B-3 Design claim conciliation panels; composition, selection, compensation. (a) There are established design claim conciliation panels that shall review and render findings and advisory opinions on the issues of liability and damages in tort claims against design professionals licensed to practice under chapter 464. (b) If all parties to a tort claim against a design […]
§672B-4 Waiver of filing fee. (a) If any party to a claim cannot pay the required filing fee, the party may file with the director a motion to waive the filing fee. The motion to waive the filing fee shall be accompanied by an affidavit in a format prescribed by the department, showing in detail: […]
§672B-5 Review by panel required; notice; presentation of claims; request for a more definite statement of the claim. (a) Effective January 1, 2008, any person or the person’s representative claiming that a tort has been committed by a design professional shall submit a statement of the claim to the design claim conciliation panel before a […]
§672B-6 Certificate of consultation. (a) Any claim filed with the design claim conciliation panel under this chapter shall be accompanied by a certificate that declares one of the following: (1) That the claimant or the claimant’s attorney has consulted with a design professional who is licensed to practice in this State or any other state, […]
§672B-7 Design claim conciliation panel hearing; fact-finding; evidence; voluntary settlement. (a) Every claim of a tort against a design professional shall be heard by the design claim conciliation panel within thirty days after the last date for filing a response. No persons other than the panel, witnesses, and consultants called by the panel, and the […]
§672B-8 Design claim conciliation panel hearing; persons attending. Unless excluded or excused by the panel, the following persons shall attend hearings before the panel: (1) The party or parties making the claim; (2) The design professional against whom the claim is made or representatives thereof, other than counsel, authorized to act for the design professional; […]
§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 […]
