SB159 Alabama 2023 Session

Summary

Primary Sponsor

Clay Scofield

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.

Summary

SB159 would immunize contractors who work on public roads from civil liability for injuries or damages caused by their work if they substantially comply with contract specs and the awarding authority accepts the project for maintenance.

What This Bill Does

It provides immunity from civil liability for contractors performing highway work if the work substantially complies with contract specifications and the awarding authority accepts the project for maintenance. It defines who counts as an awarding authority (like the DOT, counties, and municipalities) and outlines liability protections and responsibilities for them and their contractors. It adds a rebuttable presumption in certain negligence cases that specific driver conduct or speeding was the proximate cause, potentially limiting liability. It also requires detailed pleadings in injury or death cases arising from road work and imposes notification and response procedures if a contractor identifies a potentially dangerous condition.

Who It Affects

• Contractors and subcontractors performing highway construction, repair, or maintenance: they would be immune from civil liability for injuries, property damage, or death related to their work if they substantially comply with contract specs and the awarding authority accepts the project for maintenance.
• Awarding authorities (such as the Alabama Department of Transportation, counties, and municipalities) and their contractors: they gain liability protections for design decisions and certain judgments, face new pleading and notification requirements, and may benefit from a driver conduct presumption in some cases.

Key Provisions

• Immunity from civil liability for contractors when work on highways/roads/bridges performed in substantial compliance with contract specifications and the awarding authority accepts the project for maintenance.
• Definition of awarding authority to include DOT, counties, municipalities, and other governmental entities, with exclusions for the State Docks Department and entities exempt from competitive bid laws.
• Contractor liability limits for design decisions or professional engineering judgments by the awarding authority, with exceptions if the contractor designs the roadway or provides engineering services.
• Pleading requirements: plaintiffs must include detailed specifications and factual descriptions of acts/omissions, amend the complaint when new acts are known, and such amendments must occur at least 90 days before trial; failure to include details can lead to dismissal.
• Procedural duties: contractors must notify the Chief Engineer in writing about potentially dangerous conditions, with the awarding authority required to respond within 14 days; decisions/engineering judgments in response to such conditions are not liable if following the plans would create a dangerous condition.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.