SB248 Alabama 2021 Session

Summary

Primary Sponsor

Clay Scofield

Republican

Co-Sponsor

Tom Whatley

Session

Regular Session 2021

Title

Highways, roads and bridges, contractors for construction and repairing, civil liability to third parties, performance according to plans and specifications of awarding authority including Dept. of Transportation, liability limited if work accepted by awarding authority, Secs. 6-5-701, 6-5-702, 6-5-703 am'd.

Summary

SB248 changes civil liability rules for Alabama highway contractors by expanding some immunities and adjusting how dangerous-condition notifications are handled.

What This Bill Does

It states that a contractor is not civilly liable for work performed according to contract specifications if a dangerous condition arises that should have been obvious to a reasonably prudent contractor. It maintains liability gaps where a contractor fails to follow plans or where following the plans creates a dangerous condition, or if a latent defect is caused by the contractor. It requires contractors to notify the Chief Engineer in writing when they believe following the plans could result in a potentially dangerous condition, and the awarding authority must respond within 14 days; the contractor’s immunity covers decisions by the DOT or awarding authority regarding the response. After project completion, if the work substantially complies with the plans and specifications, the contractor is not civilly liable to third parties for conditions arising after acceptance.

Who It Affects

• Contractors performing highway, road, or bridge work: their civil liability protections are narrowed in some scenarios and they must follow notification procedures for potentially dangerous conditions.
• Awarding authorities and the Alabama Department of Transportation: their decisions and responses to dangerous conditions are shielded from liability in certain circumstances, and they have a 14-day window to respond to identified conditions; post-acceptance immunity for third-party claims remains when there is substantial compliance.

Key Provisions

• Amends 6-5-701 to specify contractor immunity unless (a) failure to follow plans and specifications causes a dangerous condition, (b) following the contract creates a condition that should have appeared dangerous to a reasonably prudent contractor, or (c) a latent defect caused by the contractor creates a dangerous condition.
• Amends 6-5-702 to make a contractor not liable during construction for injuries or damages if the contractor complied with contract documents and the proximate cause is a condition arising from those documents, unless following the plans would result in a dangerous condition that should have appeared defective or that the contractor should have known could create a dangerous condition.
• Amends 6-5-703 to require a contractor who discovers a potentially dangerous condition to notify the Chief Engineer in writing, with the DOT or awarding authority responding in writing within 14 days; the contractor is not liable for decisions made by the DOT or awarding authority in response to the condition; and after project completion, once substantial compliance is determined, the contractor is not civilly liable to third parties for conditions arising after acceptance.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Highways, Roads, and Bridges