Lawmakers are advancing legislation that improves clarity and predictability in civil liability tied to public infrastructure projects.
UPDATE: Senate Bill 195, sponsored by Senator Craig Richardson, received final passage ahead of the veto period after a concurrence vote by the Senate.
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. The bill was amended in the House to also clarify civil liability standards for design professionals, including licensed professional engineers.
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 heads to the governor for consideration.