(1) That the claimant or the claimant's attorney has consulted with at least one design professional who is licensed to practice in this State or any other state, and who is knowledgeable or experienced in the same design profession as the design professional against whom the claim is made, and that the claimant or claimant's attorney has concluded on the basis of this consultation that there is a reasonable and meritorious cause for filing the claim. If the claimant or the claimant's attorney is not able to consult with a design professional in the same design profession as the design professional against whom the claim is made, the claimant or claimant's attorney may consult with a design professional who is licensed in this State or in any other state who is knowledgeable and experienced in a design profession that is as closely related as practicable to the design professional against whom the claim is made. Consultation with a single design professional shall be sufficient where there are claims against multiple design professionals, if the design professional consulted is sufficiently knowledgeable and experienced to comment on the merit of claims against multiple design professionals. Design professionals consulted by the claimant or the claimant's attorney may not be a party to the case nor be compelled to testified;

(2) That the claimant or the claimant's attorney was unable to obtain the consultation required by paragraph (1) because a statute of limitations would impair the action and that the certificate required by paragraph (1) could not be obtained before the impairment of the action. If a certificate is executed pursuant to this paragraph, the certificate required by paragraph (1) shall be filed by the claimant or the claimant's attorney within ninety days after the filing of the claim; or

(3) That the claimant or the claimant's attorney was unable to obtain the consultation required by paragraph (1) after the claimant or the claimant's attorney had made a good faith attempt to obtain the consultation and the design professional contacted would not agree to the consultation. For purposes of this paragraph, "good faith attempt" refers to the responsibility of a claimant or claimant's attorney to make reasonable efforts to contact a design professional for the purpose of reviewing the circumstances upon which a claim is based. The claimant or claimant's attorney may contact design professionals by letter, telephone, facsimile, or other electronic means of communication. If the design professional does not respond within a reasonable time, the claimant or claimant's attorney may submit a certificate declaring such nonresponse to claimant's good faith attempt. A "good faith attempt" shall ultimately be evaluated in light of the goal of having a qualified design professional assist the claimant or claimant's attorney in understanding the basis of the claim, and this determination shall depend upon the circumstances of each individual case.