The Alabama Road Builder - Fall 2013 - (Page 20)

legal Alabama Supreme Court Recognizes Accepted-Work Doctrine By Joseph R. Duncan, Jr. and Jeremy S. Gaddy I n early 2009, the ARBA Board, along with Billy Norrell and Mel Monk, established a goal to address road builder liability and the status of the law as to road contractors in Alabama, particularly in regard to completed projects. The group focused its efforts on clarifying and developing Alabama’s existing law as to road builder duties. The hard work culminated when the Alabama Legislature passed the road builder liability statute in 2012. Additionally, these efforts included the fi ling of an amicus (“friend of the court”) brief in the matter of Hosea Weaver & Sons, Inc. v. Balch. Since 1988, the rule that has generally governed road builder liability in court has been found in McFadden v. Ten-T Corporation. Any contractor that has found their company defending a lawsuit for a long completed project has 20 become familiar with the rule that arose from this case: a contractor is entitled to follow the plans and specifications prepared by a designer or engineer unless doing so would result in an obviously dangerous condition. The issue with this rule, however, is that it does not fully address or comprehend all of the situations that may arise in a road construction case. For example, the rule does not answer the following questions: what duties does a road builder owe to a motorist for a completed project? Is the road builder liable if the project does not strictly comply with the plans and specifications? Is the road builder responsible for intervening negligent maintenance? What is an “obviously dangerous” condition? Can a motorist sue a road builder for breach of contract? www.alrba.org http://www.alrba.org

Table of Contents for the Digital Edition of The Alabama Road Builder - Fall 2013

EXECUTIVE DIRECTOR’S MESSAGE
PRESIDENT’S MESSAGE
ALABAMA ROADBUILDERS CONVENTION 2013 HIGHLIGHTS
2013 LEGISLATIVE WRAP-UP
PROPOSED I-10 BRIDGE HOPES TO CURE BOTTLENECK IN MOBILE
ALDOT
HIGHWAY & BRIDGE CONSTRUCTION WORKER SAFETY
ARTBA
LEGAL
MEMBER PROFILE
PRODUCTS AND SERVICES MARKETPLACE
HEARD ALONG THE HIGHWAY
INDEX TO ADVERTISERS/ADVERTISERS.COM

The Alabama Road Builder - Fall 2013

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