Legislation to clarify civil liability for infrastructure projects advances

Lawmakers are advancing legislation that improves clarity and predictability in civil liability tied to public infrastructure projects.

Senate Bill 195, sponsored by Senator Craig Richardson, was approved by the Senate Judiciary Committee on Thursday and later passed the Senate floor with a vote of 31-5.

The bill addresses when contractors can be held liable for work performed on public road and bridge projects. When a contractor completes a project in accordance with government-designed plans, and it is accepted, it is presumed that the work is properly done. Claims can still move forward if there is clear evidence that the contractor failed to follow those plans or if a defect in the work contributed to harm.

The bill also makes clear that contractors are not responsible for design or engineering decisions made by state or local governments when they are carrying out the work as directed. In addition, it recognizes the role of dangerous driving behaviors, such as excessive speeding or impairment, in contributing to roadway incidents.

Several lawmakers noted that the bill does not eliminate the ability to bring claims but instead establishes a more defined framework for evaluating liability.

Senate Bill 195 now moves to the House for consideration.