HB335 Alabama 2013 Session

Summary

Primary Sponsor

Jamie Ison

Republican

Co-Sponsors

David SessionsJim CarnsMary Sue McClurkinMicky HammonHoward SanderfordChad FincherBecky NordgrenTerri CollinsSteve Clouse

Session

Regular Session 2013

Title

Public contracts, limited liability for a professional firm issued a certificate of authorization from the Professional Engineers and Land Surveyors Board for construction monitoring services agreed to in a public contract, exception

Summary

HB335 creates a limited liability shield for professional firms that perform construction monitoring services on Alabama public or private infrastructure projects, protecting them from certain civil liability if their monitoring work substantially follows the required plans and specifications.

What This Bill Does

HB335 defines key terms (awarding authority, construction monitoring services, plans and specifications, professional firm, and public or private infrastructure) and provides a civil liability shield for firms performing monitoring on infrastructure projects. If the monitoring work substantially complies with the required plans and specifications, the firm and its employees would not be civilly liable for property damage, personal injury, or death caused by that monitoring. There are important exceptions: the shield does not apply if the firm is hired only to design plans; if the firm also prepares plans or provides additional services and a deficiency in those plans causes harm to a third party not in privity; and it does not change existing burdens of proof in professional liability actions. The act becomes effective immediately upon signing into law.

Who It Affects

• Professional firms (and their employees) that contract with awarding authorities to perform construction monitoring services, who receive civil liability protections when their monitoring work substantially complies with plans and specifications.
• Awarding authorities (such as the Alabama Department of Transportation, counties, and municipalities) that hire firms for construction monitoring, whose projects involve new liability rules and exceptions.

Key Provisions

• Section 1 defines terms: Awarding Authority, Construction Monitoring Services, Plans and Specifications, Professional Firm, and Public or Private Infrastructure.
• Section 2 provides a civil liability shield for professional firms and their employees for monitoring work that substantially complies with the monitoring requirements related to the plans and specifications.
• Section 3 adds exceptions: the act does not apply if the firm is hired solely to design plans; if the firm also prepares plans or provides additional services and a deficiency causes harm to a third party not in privity; and it does not replace existing proof requirements in professional liability cases.
• Section 4 states the act takes effect immediately after governor 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

Engineers and Land Surveyors, State Board of Licensure for Professional