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House passes reforms to civil recovery standards for contractors and engineers
Summary
The House passed Senate Bill 195 after adopting a committee substitute and multiple floor amendments to limit contractor and engineer recovery when work conforms to approved government plans, and to add Safe at Home program provisions for attorneys.
The Kentucky House adopted several amendments and passed Senate Bill 195 on third reading. The gentleman from Jefferson 33 explained that the bill, as presented to the floor, creates a rebuttable presumption that a contractor or engineer who follows approved government plans and whose work is approved by government entities should face limited liability for recovery.
House Committee Substitute 1 was called and adopted, followed by House Floor Amendment 1 (a substitute correction) and House Floor Amendment 3. House Floor Amendment 1 and the committee substitute clarified protections and procedures; House Floor Amendment 3 extended similar protections to engineers. A friendly floor amendment (House Floor Amendment 1 in another context) incorporated provisions related to the Safe at Home program, including adding some attorneys to the program.
The sponsor explained the intent as protecting contractors and engineers who follow approved plans from lawsuit exposure while preserving mechanisms for wrongful conduct to be addressed. The House recorded final passage with 66 members voting aye and 25 members voting nay.
The passage changes statutory recovery presumptions and adds procedural protections for certain practitioners; proponents said the changes clarify expectations for public projects and engineer involvement, while opponents registered dissent during the roll call.
