A contractor is justified ordinarily in relying upon the plans and specifications that are contained in the contract with an awarding authority. No contractor shall be held civilly liable for work performed on the project, including repairs, construction, or maintenance on behalf of the awarding authority, unless it is shown by a preponderance of the evidence that physical injury, property damage, or death is proximately caused by either of the following:

(1) A failure by the contractor to follow the plans and specifications resulting in a dangerous condition.

Terms Used In Alabama Code 6-5-701

  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: means next after. See Alabama Code 1-1-1
  • property: includes both real and personal property. See Alabama Code 1-1-1
(2) A latent defect which creates a dangerous condition that is the result of the work of the contractor.
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