HB250 Alabama 2011 Session

Summary

Primary Sponsor

Barry Moore

Republican

Co-Sponsors

Wes LongRichard BaughnKen JohnsonMark Tuggle

Session

Regular Session 2011

Title

Contractors and subcontractors performing highway, road, street repairs, construction, or maintenance work, injuries resulting, liability and responsibility terminated by Transportation Department or county or local government upon acceptance that highway, road, or street project is in substantial compliance with contract documents, plans, and specifications

Summary

HB250 would terminate a contractor’s liability for damages and injuries on highway projects once the project is accepted as substantially compliant with contract documents.

What This Bill Does

If the project is accepted by the Alabama Department of Transportation or a county/local government as being in substantial compliance, the contractor and subcontractor and their officers, directors, agents, and employees would no longer be legally responsible for damages arising from the project or roadway conditions. The department or public owner is considered the designer/owner, and contractors would have no civil liability for third-party claims related to the design or acceptance of the project; liability for construction/maintenance would be relieved upon substantial completion and acceptance. Contractors would also not be liable for conditions or defects outside the project’s scope or for maintenance decisions made after acceptance.

Who It Affects

• Contractors and subcontractors performing highway, road, or street repairs, construction, or maintenance (and their officers, directors, agents, and employees): their liability ends upon acceptance of the project as substantially compliant.
• Alabama Department of Transportation, counties, and local governments (as the designers/owners and accepting authorities): would bear less civil liability related to design/engineering claims and would relieve contractor liability after acceptance; they retain responsibility for project acceptance decisions.
• Non-contractual third parties (property owners, pedestrians, motorists who might sue for damages): could be limited in their ability to sue contractors for design-related claims after project acceptance.

Key Provisions

• Liability of contractors and subcontractors ends when the project is accepted as substantially compliant with the contract documents, plans, and specifications.
• The department or other public owner is the designer/owner; contractors have no civil liability for third-party claims arising from design/engineering by the department, and construction/maintenance liability ends upon acceptance.
• Contractors are not liable for conditions outside the project scope or for decisions about scope and maintenance made after substantial completion and acceptance.
• The act applies only to causes of action accruing after the act’s effective date; accrual occurs at the time of property damage or injury.
• The act becomes effective immediately after governor’s approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure