SB306 Alabama 2011 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Co-Sponsors

Del MarshTrip PittmanClay ScofieldGerald O. DialMark Slade Blackwell

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

The billWould end most civil liability for contractors and subcontractors on highway projects once the project is accepted as substantially compliant, shifting liability risk to the public owner.

What This Bill Does

It states that the liability and responsibility of contractors and subcontractors (and their leaders and staff) for damages from highway projects end when the project is accepted by the state or local government as substantially compliant with the contract documents. It also says the public owner (DOT, counties, or local governments) is the designer/owner and that contractors will have no civil liability for design-related third-party claims arising from the department’s design or acceptance, nor for conditions outside the project’s scope after substantial completion. The act applies only to actions that accrue after it takes effect, and it becomes law immediately after governor approval.

Who It Affects

• Contractors and subcontractors performing highway, road, or street repairs, construction, or maintenance (and their officers, directors, agents, and employees) — their civil liability for project damages ends upon acceptance of substantial compliance.
• Alabama Department of Transportation, counties, and local governments as project designers/owners — their acceptance decisions and substantial-compliance determinations trigger the termination of contractor liability and define scope and design responsibilities.

Key Provisions

• Liability for damages arising from the project or roadway conditions ends when the project is accepted as in substantial compliance with contract documents, plans, and specifications.
• Contractors and subcontractors, and their representatives, bear no civil liability for design-related claims by non-contractual third parties arising from the department's design or acceptance decisions; liability for construction/maintenance ends upon acceptance.
• Contractors shall bear no civil liability for conditions outside the project scope or that arise after acceptance; they are not responsible for owner decisions about project scope or post-completion maintenance.
• The act only applies to causes of action accruing after the act's effective date and becomes law immediately upon governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure