A bill sponsored by Sen. Jamie Burger would give state contractors doing business with the Missouri Department of Transportation the same liability immunity as the department itself.
According to Burger’s newsletter, the legislation would not protect negligent acts but “could guarantee fairness in liability suits” and “entice companies from other states to conduct business in Missouri.”
According to a bill summary, the act would not provide immunity when the work is so defective that it creates imminent danger; when work defects are concealed and not discoverable by reasonable inspections; the agent knew of a dangerous condition but did not disclose it to the commission; or times when plans or specifications were so improper that the agent should have known the work would result in an unsafe condition.
“Currently, a company can be added to a lawsuit simply because it was awarded a contract on the original bid, regardless of whether or not they were able to complete the project or were at fault for the issue behind the suit,” Burger wrote in a December newsletter. “I believe my legislation will help protect these businesses from frivolous and costly lawsuits by limiting the time a suit can be brought and aligning these protections with what is afforded to state entities in current law.”
Sara Schuett, executive director of the Missouri Association of Trial Attorneys, said the MATA worked with Burger to provide some protections.
“We believe that contractors should be responsible for the work they are paid to do and if their negligence injures someone, they should be held liable,” Schuett said. “We worked with Senator Burger to craft a bill that would not hold them accountable for accidents that happen before they begin work on a project or after they complete the project. They will still be responsible for any negligence that causes an injury during construction — as they should.”