The Oregon Legislature is currently considering Senate Bill 383, which would revise Oregon’s “certificate of merit” statute, ORS 31.300. The Bill has already passed through the Senate Judiciary Committee, and is now before the House Committee on Consumer Protection and Government Effectiveness. The Bill would add a requirement that a court filing against an architect or engineer include a summary or the conduct complained of, and would narrow who can certify claims against what type of disciplines. A “certificate of merit” law with clear standards and processes is more likely to achieve the goal of limiting actions against design professionals to meritorious claims. SB 383 muddies the waters, and worse, conflicts with Oregon’s Rules of Civil Procedure which lawyers must follow.
“Certificate of merit” statutes in Oregon, and other states, are designed to limit frivolous lawsuits against design professionals by requiring that the attorney filing the lawsuit certify that the attorney has consulted with another design professional who will testify to the standard of care required in the profession, and that the standard of care was breached. Senate Bill 383’s proponents wish to strengthen and clarify the Oregon statute. But Senate Bill 383 does not go far enough, and is not specific enough, to achieve what the Bill’s proponents wish to achieve. Instead, in its current form, it simply invites further litigation and questions. Worse, it conflicts with Oregon’s Rules of Civil Procedure, which attorneys must follow in Oregon. Continue Reading