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AL SB458
Bill
Status
3/22/2012
Primary Sponsor
Bryan Taylor
Click for details
AI Summary
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Engineers performing construction, inspection, and maintenance services for highway, road, or street projects contracted with Alabama state, county, or local government are protected from civil liability unless they fail to substantially follow awarding authority specifications, proximately causing a dangerous condition.
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Engineers who discover potentially dangerous conditions must promptly notify the awarding authority in writing, and upon such notification, are relieved of further liability to non-contractual third parties regarding that reported condition.
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Engineers bear no civil liability for design decisions, professional engineering judgment, or scope of inspection made by the awarding authority, or for conditions occurring after project conclusion due to the awarding authority's failure to properly maintain the roadway.
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Engineers are not liable for dangerous conditions outside the project scope or in excess of awarding authority specifications, or for claims arising from the awarding authority's response to reported dangerous conditions.
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The act applies only to causes of action accruing after its effective date and does not alter awarding authorities' rights to make claims against engineers except for indemnity claims involving non-contractual third parties.
Legislative Description
Highways, Bridges, and Roads, civil liability of engineer or entity constructing with state or county or municipality abated as provided by common law
Civil Procedure
Last Action
Read for the first time and referred to the Senate committee on Judiciary
3/22/2012