SB254 Alabama 2013 Session

Summary

Primary Sponsor

Bryan Taylor

Republican

Co-Sponsors

Jerry L. FieldingDick BrewbakerGreg J. ReedPaul SanfordPhillip W. WilliamsRusty GloverCam WardGerald H. AllenJ.T. WaggonerScott Beason

Session

Regular Session 2013

Title

Highways, Bridges, and Roads, civil liability of engineer or entity constructing with state or county or municipality abated as provided by common law

Summary

SB254 would codify protections that abate civil liability for engineers and firms contracted to inspect, monitor, or observe state, county, or local highway projects under specific circumstances.

What This Bill Does

The bill codifies existing Alabama law to shield engineers and their firms from most civil lawsuits when they follow project specifications and perform inspection or monitoring work for highways. It sets conditions under which liability can arise, requires engineers to report dangerous conditions they find, and limits liability for design decisions or judgments. It also clarifies that liability may still exist if the engineer’s actions proximately cause harm, or if the harm stems from outside the project scope, and it specifies when actions accrue and how the rights of awarding authorities interact with these protections.

Who It Affects

• Engineers, engineering firms, and sub-consultants contracted to inspect, monitor, or observe the construction, repair, or maintenance of highways, roads, or streets: they receive liability protections as long as they substantially follow the awarding authority's specifications and meet the conditions described, with narrow exceptions.
• Awarding authorities (the Alabama Department of Transportation, counties, and local governments) and the general public: awarding authorities rely on engineers and must respond to engineers’ notification of dangerous conditions; the public’s potential claims against engineers are limited in many circumstances, though certain design-related injuries may still involve liability.

Key Provisions

• The act codifies the common law abatement of civil liability for engineers and entities contracted to inspect/observe highway projects funded by state, county, or local governments.
• Defines key terms such as awarding authority, conclusion of project, construction engineering and inspection, dangerous condition, engineer, and specifications to govern protections.
• Engineers are not civilly liable for work performed if they substantially follow the awarding authority’s specifications, unless a preponderance of the evidence shows a failure to follow those specifications proximately caused a dangerous condition.
• During construction, engineers are not liable for personal injury, property damage, or death arising from their construction, maintenance, or monitoring if they substantially followed the relevant specifications, unless they knew following them could create a dangerous condition.
• If an engineer discovers a potentially dangerous condition, they must notify the awarding authority in writing; this relieves the engineer of further liability to non-contractual third parties for that condition, and the awarding authority must respond within 14 days.
• Liability protections also cover design decisions or professional engineering judgments, unless the engineer’s contract to design proximately causes the harm, or the design is outside the project scope or beyond the specifications.
• No civil liability for claims arising after project completion if the injury or damage is caused by the awarding authority’s failure to properly maintain the roadway or its features.
• The act is severable; if part is invalid, the remainder stays in effect.
• The act applies to causes of action accruing after the act’s effective date; it becomes law immediately after governor approval, and it does not alter certain rights of awarding authorities to pursue claims against engineers (except for indemnity claims involving non-contractual third parties).

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