HB115 Alabama 2012 Session

Summary

Primary Sponsor

Wes Long

Republican

Session

Regular Session 2012

Title

Roadway contractors, liability and responsibility cease upon acceptance by Transportation Department, county, or local government that highway, road, or street project is in substantial compliance with contract documents, plans, and specifications

Summary

HB115 would end a contractor's liability for highway project damages once the project is accepted as substantially compliant by the state or local government, and would limit contractor responsibility for design claims and post-acceptance maintenance decisions.

What This Bill Does

If enacted, the liability and responsibility of contractors and subcontractors performing highway repairs or maintenance for the state, counties, or local governments would cease upon acceptance of the project as being in substantial compliance with the contract documents, plans, and specifications. The bill also says contractors would bear no civil liability for damages or injuries arising from the project's design or engineering by the public owner or related to acceptance of the project. In addition, contractors would not be responsible for conditions or defects outside the project scope or for maintenance decisions made by the public owner after substantial completion. The act applies only to actions accruing after it becomes law and would take effect immediately upon the governor's signature.

Who It Affects

• Contractors and subcontractors (and their officers, directors, agents, and employees): liability for highway project damages would cease upon acceptance as substantially compliant, and they would have no liability for design-related claims or for defects outside the project scope after acceptance.
• Public owners (Alabama Department of Transportation and the counties/local governments) and their designers/owners: they would be the entities approving acceptance and would bear responsibility for design/engineering and decisions about project scope and maintenance after substantial completion; contractor liability for those aspects would be removed.

Key Provisions

• Liability and responsibility of contractors and subcontractors cease upon acceptance of the project as being in substantial compliance with contract documents, plans, and specifications.
• Contractors and subcontractors bear no civil liability for any claims arising from the project's design or engineering by the public owner, or related to acceptance of the project.
• Contractors bear no civil liability for conditions or defects outside the project scope or arising after acceptance; they are not responsible for the owner's decisions about project scope or post-completion maintenance.
• The act applies only to causes of action accruing after the act's effective date and becomes effective immediately after the governor signs it.

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