Before Saitta, Hardesty and Parraguirre. Opinion by Hardesty.
In this writ proceeding regarding personal injury and death caused by non-residential construction design malpractice, the Court addressed whether a complaint alleging non-residential construction design malpractice is void ab initio unless the required attorney affidavit and expert report supporting the claims are served concurrently. The Court construed NRS 11.258, which mandates the attorney affidavit and expert opinion, in same fashion as the similar statute requiring such supporting documents for claims of medical malpractice. Because the statute states a clear requirement for the supporting documentation and mandates that a district court dismiss a complaint for failure to comply, a complaint without the supporting affidavit and expert report is void ab initio and the district court is without authority to grant leave to amend. Furthermore, each party must file their own affidavit and expert report and may not rely on those provided by another party. The Court ordered the district court to set aside its orders allowing amendment and grant the motion to dismiss. Petition granted. (Kerry S. Doyle, Associate in the Reno office of McDonald Carano Wilson)
