SB248 Alabama 2021 Session

Under existing law, a contractor who performs work on a road, bridge, or street, can be held civilly liable if the contractor complies with the contract plans and specifications, but creates a dangerous condition that should have appeared defective to a reasonably prudent contractor

This bill would no longer hold a contractor civilly liable if the contractor performs work in accordance with the contract specifications, but creates a dangerous condition that should have appeared defective to a reasonably prudent contractor

Also under existing law, if a contractor notifies the awarding authority that a dangerous condition could arise by following the plans and specifications and complies with decisions set forth in the awarding authority's response, the contractor cannot be held civilly liable for the work he or she has performed

This bill would no longer require a public works contractor, in order to be immune from civil liability, to notify the awarding authority that a dangerous condition could arise by following the contract specifications

Relating to civil liability; to amend Sections 6-5-701, 6-5-702, and 6-5-703, Code of Alabama 1975; to eliminate certain conditions under which a contractor who performs work on a road, bridge, or street may not be granted civil immunity.