Texas House Bill HB3087

Texas 2019 - 86th Regular

Caption

Relating to responsibility for defects in the plans, specifications, or other documents for the construction or repair of highways, bridges, or real property.

Impact

The enactment of HB3087 will significantly alter the landscape of contractor liability within Texas. By relieving contractors from responsibility for defects in the provided documents, this bill aims to encourage participation in government contracts, particularly by smaller firms that may be deterred by the risks associated with potential liabilities for external errors in documentation. Moreover, provisions of the bill ensure that its terms only apply to contracts executed after it comes into effect, allowing existing contracts to retain the previous legal framework. This approach might lead to an increase in construction activity and overall infrastructure development as firms might feel more secure to engage in such projects.

Summary

House Bill 3087 addresses the responsibilities of contractors concerning defects in plans, specifications, or documents related to the construction or repair of highways, bridges, and other real property maintained by governmental entities in Texas. This bill introduces amendments to Chapter 472 of the Transportation Code by establishing a new subchapter that delineates the responsibilities and limitations for contractors engaged in specific types of government contracts. Notably, the bill specifies that contractors are exempt from liability for defects resulting from documents provided by the governmental entity or third parties contracted by the entity, thereby shifting the accountability for any design flaws or discrepancies to the governmental partners rather than the contractors themselves.

Contention

While HB3087 is largely framed as a pro-business bill designed to facilitate smoother collaboration between contractors and governmental entities, some critics may still express concerns regarding the degree of protection afforded to contractors. Opponents might argue that absolving contractors from responsibility entirely could lead to a lack of diligence in their work, as they would not be held accountable for errors stemming from governmental documents. Additionally, controversy could emerge around whether such legislative changes adequately protect taxpayers from poor oversight and infrastructural failures, given that the financial burden of rectifying defects might still fall onto the governmental entities, and indirectly, the citizens.