§7502. Affidavit of noninvolvement.

(a) Dismissal by affidavit.--In any action for negligence, any construction design professional who is retained to perform professional services on a construction project may have the action against such construction design professional dismissed upon the filing of an affidavit of noninvolvement.

(b) Tolling statute.--The filing of such affidavit shall have the effect of tolling the statute of limitations as to the affiant with respect to the claim at issue.

(c) Reinstatement.--If the court determines that the statements made in any affidavit filed under subsection (a) are inaccurate, the court shall immediately reinstate the action against the affiant. In any action where the affiant is found by the court to have knowingly filed a false affidavit, such conduct shall constitute just cause for the court to instruct the jury that it may award exemplary damages in relation to such conduct.

(d) Discovery.--In any action reinstated pursuant to subsection (c), or in any case where the construction design professional is later joined as a defendant, all discovery taken in such action prior to the reinstatement or joinder may be used for any purpose permissible under any statute or rule of court as if the reinstated or joined defendant had participated fully in the action from the date of filing.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Affidavit of noninvolvement." A statement, in writing, setting forth with particularity facts which demonstrate that the construction design professional is misidentified or otherwise was not involved with regard to the cause of the injury or damage, individually or through its servants or employees, in the performance of professional services which forms the subject matter of the action, signed by the party making it, and sworn to or affirmed before an officer authorized by the laws of this Commonwealth to take acknowledgments of deeds or to administer oaths.

"Construction design professional."

(1) Any person who is an architect, professional engineer, landscape architect or land surveyor licensed by the appropriate State board to practice such profession in this Commonwealth.

(2) Any corporation organized to render professional services through the practice of one or more of such professions in this Commonwealth.

(3) Any employee of such professional who is assisting or representing the professional in the performance of professional services on the site of the construction project.

(June 30, 1988, P.L.464, No.79, eff. imd.)

Notation

1988 Amendment.  Act 79 added section 7502.