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 regarding the construction and maintenance of public roads. Key changes include the of an exception to the statutory protection from liability for contractors, which enhances their legal protection against civil claims. The bill introduces a rebuttable presumption of nonliability for both awarding authorities and contractors under certain conditions, making it more difficult for plaintiffs to succeed in claims related to road work. Additionally, it establishes specific pleading requirements for complaints alleging injury or death from road work, ensuring claims are substantiated with adequate evidence. Furthermore, the bill modifies existing liability protections for contractors by removing previous provisions that shielded contractors from liability if they followed contract documents, unless they created a dangerous condition that should have been apparent. It clarifies that contractors will not be liable for civil claims arising from design decisions made by the awarding authority, except in specific circumstances where the contractor is involved in the design process. The amendments will apply only to causes of action accruing after the effective date of the act, which will take effect three months after its passage and approval.

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