7502 - Affidavit of noninvolvement.

     § 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.)        1988 Amendment.  Act 79 added section 7502.