The bill amends the Code of Alabama 1975, specifically Sections 6-5-700 through 6-5-708, to clarify the civil liability of public awarding authorities and their contractors concerning the construction and maintenance of public roads. A significant change includes the of an exception to the statutory protection from liability for contractors, which previously allowed for certain circumstances under which they could be held liable. The bill introduces a rebuttable presumption of nonliability for both the awarding authority and its contractors when specific conditions are met, thereby enhancing their legal protections. Additionally, it establishes new pleading requirements for complaints related to injuries or deaths from road construction or maintenance, defining key terms and revising the criteria for contractor liability. Furthermore, SB159 introduces a rebuttable presumption that if a vehicle operator engages in prohibited conduct, such as violating traffic laws or exceeding the speed limit by 25 miles per hour, this conduct is presumed to be the proximate cause of any resulting injury or damage. The bill mandates that plaintiffs provide detailed specifications of each alleged negligent act in their complaints against awarding authorities or contractors, with an obligation to amend complaints as new information arises. It also modifies existing liability protections by removing provisions that shielded contractors from liability if they complied with contract documents, unless they knowingly created a dangerous condition, and clarifies that contractors will not be held liable for design or engineering decisions made by awarding authorities unless directly involved in the design. The amendments will apply only to causes of action accruing after the act's effective date, which is three months post-passage and approval by the Governor.

Statutes affected:
Introduced: 6-5-700, 6-5-702, 6-5-703
Engrossed: 6-5-700, 6-5-701, 6-5-702, 6-5-703, 6-5-704, 6-5-705, 6-5-708, 6-5-700, 6-5-701, 6-5-702, 6-5-703, 6-5-704, 6-5-705, 6-5-708
Enrolled: 6-5-700, 6-5-701, 6-5-702, 6-5-703, 6-5-704, 6-5-705, 6-5-708, 6-5-700, 6-5-701, 6-5-702, 6-5-703, 6-5-704, 6-5-705, 6-5-708