Relating to liability of engineers and certain business entities performing construction monitoring and inspection services for the Texas Department of Transportation.
The legislation modifies existing laws by specifying that those who conduct inspection and monitoring services for TxDOT are not liable for personal injuries, property damage, or wrongful death, provided they adhere to the terms of their contracts and do not exhibit gross negligence. This change aims to enhance the operational framework for engineering firms, potentially lowering their liability insurance costs, which could lead to decreased project expenses overall. The bill will take effect on September 1, 2023, affecting any legal claims arising on or after that date.
House Bill 3156 aims to provide limitations on the liability of engineers and certain business entities engaged in construction monitoring and inspection services for the Texas Department of Transportation (TxDOT). The bill is designed to protect firms performing construction engineering inspection (CEI) services from being held liable for incidents that occur in the course of their duties, as long as they comply with TxDOT requirements. This initiative addresses concerns within the engineering community regarding soaring insurance premiums tied to litigation risks associated with construction projects.
The sentiment surrounding HB 3156 has generally been supportive among engineering professionals and associations, particularly given the ongoing issues related to high litigation costs in the construction sector. Proponents argue that the bill represents a necessary measure for ensuring that firms can operate without the excessive fear of lawsuits based on unrelated incidents. However, concerns were raised regarding the implications for accountability, notably whether limiting liability might inadvertently encourage negligence if firms feel less responsible for their actions.
Despite its support, there were notable points of contention during discussions of the bill. Critics raised concerns about the potential risks of allowing firms to evade liability for gross negligence, arguing that it could compromise safety standards in construction projects. Stakeholders emphasized the need for assurance that while liability protections are essential for the engineering community, they must not come at the cost of diminished oversight and public safety during the implementation of construction projects.
Civil Practice And Remedies Code
Occupations Code