§ 6-5-703 — Complaint to Include Detailed Specification and Factual Description of Each Alleged Act and Omission

In any action for injury, damages, or wrongful death, whether in contract or in tort, against an awarding authority or its contractors arising from any negligent act or omission in the construction or maintenance of a public road, the plaintiff shall include in the complaint filed in the action a detailed specification and factual description of each act and omission alleged by the plaintiff, and shall include when feasible and ascertainable the date, time, and place of the act or acts. The plaintiff shall amend the complaint timely upon ascertainment of new or different acts or omissions upon which the claim is based; provided, however, that any such amendment must be made at least 90 days before trial. Any complaint that fails to include such detailed specification and factual description of each act and omission shall be subject to dismissal for failure to state a claim upon which relief may be granted. This section shall not apply to claims by the awarding authority or contractor against each other.

Legislative History

(Act 2012-225, p. 414, §4; Act 2023-316, §1.)