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CERTIFICATE OF QUALIFIED EXPERT REQUIRED BY MARYLAND STATUTE TO MAINTAIN SUIT AGAINST ARCHITECT, PROFESSIONAL ENGINEER, INTERIOR DESIGNER, LANDSCAPE ARCHITECT, OR PROFESSIONAL LAND SURVEYORMaryland Courts and Judicial Proceedings Code Ann., §§3-2C-01 to 02, effective October 1, 1998, now provides that a malpractice suit against a "licensed professional" shall be dismissed without prejudice if the claimant fails to file a "certificate of a qualified expert" with the Court. "Licensed professional" for purposes of this statute means an architect, an interior designer, a landscape architect, a professional engineer, and a professional land surveyor or property line surveyor. A "qualified expert" means a licensed professional knowledgeable in the accepted standard of care in the same discipline as the licensed professional against whom a claim is filed. The Certificate is to be filed within 90 days after the claim is filed. The statute provides for documentary discovery from the defendant if it is reasonably necessary to obtain a certificate from a qualified expert. Upon motion and a showing of good cause, the Court may waive or modify the requirement for the filing of a certificate. [Ed. Note: Architects, professional engineers and contractors are immune from suit for damages resulting from the defective and unsafe condition of an improvement to real property if the injury or death occurs more than 10 years after the date the entire improvement first became available for its intended use. Md. Courts and Jud. Proc. Code. Ann., §5-108(b)(1998)] |
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