1 SB248
2 209242-1
3 By Senators Scofield, Whatley and Sessions
4 RFD: Judiciary
5 First Read: 23-FEB-21
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1 209242-1:n:01/26/2021:SLU/ma LSA2021-55
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8 SYNOPSIS: Under existing law, a contractor who
9 performs work on a road, bridge, or street, can be
10 held civilly liable if the contractor complies with
11 the contract plans and specifications, but creates
12 a dangerous condition that should have appeared
13 defective to a reasonably prudent contractor.
14 This bill would no longer hold a contractor
15 civilly liable if the contractor performs work in
16 accordance with the contract specifications, but
17 creates a dangerous condition that should have
18 appeared defective to a reasonably prudent
19 contractor.
20 Also under existing law, if a contractor
21 notifies the awarding authority that a dangerous
22 condition could arise by following the plans and
23 specifications and complies with decisions set
24 forth in the awarding authority's response, the
25 contractor cannot be held civilly liable for the
26 work he or she has performed.
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1 This bill would no longer require a public
2 works contractor, in order to be immune from civil
3 liability, to notify the awarding authority that a
4 dangerous condition could arise by following the
5 contract specifications.
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7 A BILL
8 TO BE ENTITLED
9 AN ACT
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11 Relating to civil liability; to amend Sections
12 6-5-701, 6-5-702, and 6-5-703, Code of Alabama 1975; to
13 eliminate certain conditions under which a contractor who
14 performs work on a road, bridge, or street may not be granted
15 civil immunity.
16 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
17 Section 1. Sections 6-5-701, 6-5-702, and 6-5-703
18 are amended to read as follows:
19 "6-5-701.
20 "A contractor is justified ordinarily in relying
21 upon the specifications that are contained in the contract
22 with an awarding authority. No contractor shall be held
23 civilly liable for work performed on a highway, road, bridge,
24 or street including repairs, construction, or maintenance on
25 behalf of the awarding authority unless it is shown by a
26 preponderance of the evidence that physical injury, property
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1 damage, or death is proximately caused by any of the
2 following:
3 "(1) A failure by the contractor to follow the plans
4 and specifications resulting in a dangerous condition.
5 "(2) The contractor's performance of the contract in
6 compliance with the plans and specifications creates a
7 condition that should have appeared, to a reasonably prudent
8 contractor, to be a dangerous condition.
9 "(3)(2) A latent defect which that creates a
10 dangerous condition that is the result of the work of the
11 contractor.
12 "6-5-702.
13 "During the course of construction, a contractor who
14 constructs, maintains, or repairs a highway, road, street, or
15 bridge for the awarding authority is not liable to a claimant
16 for personal injury, property damage, or death arising from
17 the performance of such the construction, maintenance, or
18 repair, if, at the time of the personal injury, property
19 damage, or death, the contractor was in compliance with
20 contract documents material to the condition, including the
21 traffic control plan, that was the proximate cause of the
22 personal injury, property damage, or death unless following
23 the plans and specifications would result in a dangerous
24 condition that should have appeared to be defective to a
25 reasonably prudent contractor or that the contractor should
26 have known that following the plans and specifications could
27 create a dangerous condition that caused the injury or death.
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1 "6-5-703.
2 "If, prior to or during the course of construction,
3 a contractor discovers or determines that following the plans
4 and specifications could result in a potentially dangerous
5 condition, then the contractor shall, with specificity of such
6 condition, expressly notify the Chief Engineer of the Alabama
7 Department of Transportation in writing by certified mail,
8 return receipt requested. The Alabama Department of
9 Transportation, or the awarding authority, shall respond to
10 the specific condition raised within 14 days in writing as to
11 its decision as to the appropriate response to the dangerous
12 condition. The contractor shall not be liable for any claim
13 relating to any decision made by the Alabama Department of
14 Transportation or awarding authority as to the appropriate
15 response, design decisions, or engineering decision, if any,
16 to respond to the potentially dangerous condition identified.
17 Following the completion of any project, once the Alabama
18 Department of Transportation or awarding authority has
19 determined that the contractor's work substantially complies
20 with the plans and specifications provided for the project,
21 the contractor shall not be civilly liable to any third party
22 for any condition related to the project or alleged to have
23 arisen following the Alabama Department of Transportation's or
24 awarding authority's acceptance of the project."
25 Section 2. This act shall become effective on the
26 first day of the third month following its passage and
27 approval by the Governor, or its otherwise becoming law.
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