SB139 Alabama 2012 Session

Summary

Primary Sponsor

Clay Scofield

Republican

Session

Regular Session 2012

Title

Highways, Bridges, and Roads, civil liability of person or entity constructing with state or subdivision of state abated as provided by common law

Summary

SB139 limits civil liability for contractors who work on Alabama state or local road projects by adopting existing common law and outlining when liability can still apply.

What This Bill Does

It defines who is the awarding authority (Alabama DOT for state contracts; counties or local governments for local contracts). Generally, contractors are not civilly liable for injuries or property damage that occur during construction if they follow the contract’s plans and specs, unless specific conditions apply (such as a failure to follow plans causing a dangerous condition, a condition that should have been obvious to a prudent contractor, or a latent defect from the contractor’s work). It requires contractors to notify the responsible authority in writing if they identify a potentially dangerous condition, with the authority responding within 14 days. It limits liability for design decisions and professional engineering judgments, and sets maintenance-related liability after project completion with certain exceptions.

Who It Affects

• Contractors and subcontractors that contract with the State of Alabama, a county, or a local government to construct, repair, or maintain highways, roads, or streets (they receive liability protections in many scenarios).
• Awarding authorities such as the Alabama Department of Transportation, county governing bodies, and local government boards (they oversee contracts and are responsible for maintenance decisions and responses to dangerous conditions).
• Noncontractual third parties who might sue over design decisions or engineering judgments (they are largely shielded from contractor liability for such decisions, unless the contractor is providing design/engineering services).
• Utilities and property owners whose property is damaged by roadway work (the bill preserves liability for damage to utility property, not reducing this potential liability).

Key Provisions

• Provision 1: The contractor is generally not civilly liable for injuries or property damage that occur during construction if the contractor follows the contract plans and specifications, unless a preponderance of evidence shows (a) a failure to follow plans caused a dangerous condition, (b) following the plans would have created a dangerous condition that a reasonably prudent contractor should have anticipated, or (c) a latent defect resulting from the contractor’s work.
• Provision 2: The contractor bears no civil liability for design decisions or professional engineering judgments made by the awarding authority, except if the contractor designs the roadway or provides professional engineering services, or if the contractor undertakes to provide such design/engineering services; liability for post-construction maintenance injuries lies with the awarding authority unless the contractor was contracted to maintain or actually maintains the roadway.

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

Subjects

Highways, Roads, and Bridges