SB139 Summary

• Adopts Alabama common law to limit civil liability for contractors who construct, repair, or maintain highways, roads, or streets for the state, counties, or local governments.

• Contractors are not held liable for injuries, property damage, or death unless the claimant proves by preponderance of evidence that the injury was caused by: failure to follow specifications, performance creating a dangerous condition a prudent contractor should recognize, or a latent defect from the contractor's work.

• Contractors must notify the Alabama Department of Transportation in writing by certified mail within 14 days if they discover that following specifications could create a dangerous condition; the awarding authority must respond within 14 days and the contractor is not liable for the authority's decision.

• Contractors bear no liability for design decisions or professional engineering judgments made by the awarding authority, conditions outside the project scope, or maintenance failures after project conclusion (unless they contracted to maintain the roadway).

• Does not affect contractor liability for damage to utilities rightfully located on or adjacent to the right-of-way, awarding authority claims against contractors, or cause of actions accruing before the act's effective date.