SB159 Alabama 2023 Session

Summary

Primary Sponsor

Clay Scofield Senator

Republican

Session

Regular Session 2023

Title

Relating to civil liability; to amend Sections 6-5-700, 6-5-701, 6-5-702, 6-5-703, 6-5-704, 6-5-705, and 6-5-708, Code of Alabama 1975, to further provide for the liability of a public awarding authority and its contractors regarding the construction and maintenance of public roads; to delete an exception to the statutory protection from liability of a contractor; to create a rebuttable presumption of nonliability of the awarding authority and its contractors when certain circumstances apply; and to provide certain pleading requirements in the filing of a complaint for injury or death arising form the construction or maintenance of a public road.

Description

Under existing law, a contractor who performs work on a road, bridge, highway, or street, in compliance with the specifications provided by an awarding authority, may be held civilly liable for certain conditions related to or caused by the work performed.

This bill would provide that a contractor shall be immune from civil liability to any person for any personal injury, property damage, or death caused by or related to the work performed, provided that the contractor performs the work in substantial compliance with the contract specifications, and the awarding authority accepts the project for maintenance upon completion.

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