MO HB2926

Private contractors, subcontractors, engineers, and their employees working on Missouri Department of Transportation contracts receive the same sovereign tort immunity as MoDOT when following department-approved plans and specifications, including liability award caps under section 537.610.

Contractors are not liable for claims related to design, condition, or maintenance of transportation projects between contract execution and the start of physical construction activities.

During construction, contractors and their employees are treated as state agents for immunity purposes when materially complying with MoDOT-approved plans and specifications without authority to deviate.

Upon project acceptance (partial, substantial, or final) by MoDOT, liability for design, condition, maintenance, and performance transfers to the public entity, releasing contractors from future claims.

Immunity does not apply to negligent or reckless acts, failure to materially comply with approved plans, or actions outside the contract scope.