If, prior to or during the course of construction, a contractor discovers or determines that following the plans and specifications could result in a potentially dangerous condition, then the contractor shall, with specificity of such condition, expressly notify the Chief Engineer of the Alabama Department of Transportation in writing by certified mail, return receipt requested. The Alabama Department of Transportation, or the awarding authority, shall respond to the specific condition raised within 14 days in writing as to its decision as to the appropriate response to the dangerous condition. The contractor shall not be liable for any claim relating to any decision made by the Alabama Department of Transportation or awarding authority as to the appropriate response, design decisions, or engineering decision, if any, to respond to the potentially dangerous condition identified.
Structure Code of Alabama
Article 36 - Civil Liability of contractors..
Section 6-5-700 - Definitions.
Section 6-5-701 - Reliance Upon Specifications.
Section 6-5-702 - Compliance With Contract Documents.
Section 6-5-703 - Notification of Potentially Dangerous Conditions.
Section 6-5-704 - Claims by Noncontractual Third Parties.
Section 6-5-705 - Dangerous Conditions Outside Scope of Project.
Section 6-5-706 - Improper Maintenance Following Conclusion of Project.
Section 6-5-707 - Damage to Property of Utility.