SB 159 — 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.

SB159 ENGROSSEDENROLLED GY8QC6-2GY8QC6-3 By Senator Scofield RFD:

04-Apr-23 2023 Regular Session Page 0 SB159 EngrossedEnrolled 2Enrolled, AAn BILLAct, TO BE ENTITLED AN ACT 7 Relating to civil liability;

Page 1 SB159 Engrossed a.

The county governing body, if the contractor enters Page 1 SB159 Enrolled into a contract with that county to construct, repair, or maintain a highway, a road, or a street for that the county where the project is bid and let to contract by the county commission;

Page 2 SB159 Engrossed b.

The date following the expiration of 45 days after the contractor provides, by certified mail return receipt requested, notice Page 2 SB159 Enrolled of presumptive conclusion of the project to the awarding authority and the awarding authority fails to respond.

A defect or omission resulting from the work conducted or materials provided by the contractor Page 3 SB159 Engrossed under the contract which was not discoverable, visible, or apparent.

The construction, repair, or maintenance by a contractor of a section of highway, road, bridge, or street together with all appurtenances, as specified in a Page 3 SB159 Enrolled contract with an awarding authority.

Specifications, plans, traffic control requirements, communication requirements, drawings, bid documents, or any other written or electronically stored requirements and details the contractor agrees to perform." 95 "§6-5-701 A contractor is justified ordinarily in relying upon the plans and specifications that are contained in the contract with an awarding authority.

No contractor shall be held civilly liable for work performed on a highway, road, 95 bridge, or street the project, including repairs, construction, or maintenance on behalf of the awarding authority, unless it is shown by a preponderance of the evidence that physical injury, property damage, or death is proximately caused by any either of the following:

(3)(2) A latent defect which creates a dangerous condition that is the result of the work of the contractor." Page 4 SB159 Engrossed "§6-5-702 (a) In any action for injury, damages, or wrongful death, whether in contract or in tort, against an awarding authority or its contractors arising from any negligent act or omission in the construction or maintenance of a public road, Page 4 SB159 Enrolled when it is established by a preponderance of the evidence that the operator of the vehicle engaged in conduct that would have supported a violation of Sections 32-5A-191 or 32-5A-350, or that the vehicle was traveling at a rate of 25 or more miles per hour over the applicable speed limit, there shall be established a rebuttable presumption that the prohibited conduct was the proximate cause of the injury, damages, or wrongful death.

(b) The rebuttable presumption established in subsection (a) may be overcome by the plaintiff establishing, by a preponderance of the evidence, that the prohibited conduct was not the proximate cause of the injury, damages, or wrongful death.During the course of construction, a contractor who constructs, maintains, or repairs a highway, road, street, or bridge for the awarding authority is not liable to a claimant for personal injury, property damage, or death arising from the performance of such construction, maintenance, or repair, if, at the time of the personal injury, property damage, or death, the contractor was in compliance with contract documents material to the condition, including the traffic control plan, that was the proximate cause of the personal injury, property damage, or death unless following the plans and specifications would result in a Page 5 SB159 Engrossed dangerous condition that should have appeared to be defective to a reasonably prudent contractor or that the contractor should have known that following the plans and specifications could create a dangerous condition that caused the injury or death." Page 5 SB159 Enrolled "§6-5-703 In any action for injury, damages, or wrongful death, whether in contract or in tort, against an awarding authority or its contractors arising from any negligent act or omission in the construction or maintenance of a public road, the plaintiff shall include in the complaint filed in the action a detailed specification and factual description of each act and omission alleged by the plaintiff, and shall include when feasible and ascertainable the date, time, and place of the act or acts.

This section shall not apply to claims by the awarding authority or contractor against each other.If, prior to or during the course of construction, a contractor discovers or determines that following the plans and specifications could result in a potentially dangerous condition, then the contractor shall, with specificity of such condition, expressly notify the Chief Engineer of the Alabama Page 6 SB159 Engrossed Department of Transportation in writing by certified mail, return receipt requested.

The Alabama Department of Transportation, or the awarding authority, shall respond to the specific condition raised within 14 days in writing as to its decision as to the appropriate response to the dangerous Page 6 SB159 Enrolled condition.

(2) The contractor undertakes to provide design or professional engineering services as to the roadway or project." "§6-5-705 The contractor shall bear no civil liability for any dangerous condition that is outside of the scope of the project or that is in excess of any requirement of the Page 7 SB159 Engrossed governing plans and specifications provided by the awarding authority.

(1) The contractor contracts to design in whole or in part the roadway or project or to provide professional Page 7 SB159 Enrolled engineering services as to the design of the roadway project.

Page 8 SB159 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................04-Apr-23________________________________________________ toSpeaker of the House of Representatives SB159 Senate committee11-May-23 onI Judiciaryhereby Readcertify forthat the secondwithin timeAct andoriginated placedin ................03-May-23and onpassed the calendar:Senate, as amended.

0 amendments Read for the third time and passed ................11-May-23 as amended Yeas 34 Nays 0 Abstains 0 Patrick Harris, Secretary.

PageHouse 9of Representatives Passed:

23-May-23 By:

Senator Scofield Page 9