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.

Description

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.

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Subjects

Highways, Roads, and Bridges