SESSION WATCH
Died HOUSE · SESSION 2026

No. HB 449

Department of Transportation Contractor Liability
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SPONSOR
Alvarez, D.
FILED BY
Daniel Alvarez — District 69, Republican [search donations]
EFFECTIVE
7/1/2026
DIED IN
Civil Justice & Claims Subcommittee

Filed under Transportation.

PROVIDED SUMMARY

Department of Transportation Contractor Liability; Provides that contractor is considered agent of this state in certain circumstances; requires contract documents to indemnify DOT for liability caused by negligence of contractor or its employees.

Full bill text →

Plain English Summary

AI-GENERATED
Makes contractors state agents and requires they indemnify the department.

A new provision in the state's road-contract liability law now treats a contractor as an agent of the state whenever it is acting within the scope of its contract documents with the Department of Transportation.

That status change matters because this same section sets the state's own limits on liability, so a contractor acting within its contract's scope becomes covered by those limits too.

DOT contracts must also require the contractor to cover the department's liability and legal fees when that liability is caused by the contractor's or its employees' negligence, up to this chapter's limits.

KEY PROVISIONS
§ 1 Contractor deemed an agent of the state for liability purposes majors. 337.195

AIWhile performing work within the scope of its contract documents, a Department of Transportation contractor is now legally treated as an agent of the state for purposes of this liability-limits section.

“For purposes of this section, a contractor is considered an agent of this state” bill text, line 15 →
§ 2 DOT contracts must require contractor indemnification for negligence majors. 337.195

AIContract documents for Department of Transportation projects must require the contractor to indemnify the department, including reasonable attorney fees, for liability caused by the contractor's or its employees' negligence.

“provide for the indemnification of the department for any liability, including reasonable attorney fees” bill text, line 18 →
TIMELINE
3/13/2026
Died in Civil Justice & Claims Subcommittee
1/13/2026
1st Reading (Original Filed Version)
11/24/2025
Now in Civil Justice & Claims Subcommittee
11/24/2025
Referred to Judiciary Committee
11/24/2025
Referred to Economic Infrastructure Subcommittee
11/24/2025
Referred to Civil Justice & Claims Subcommittee
11/18/2025
Filed
1 EARLIER →
STATUTES IT CHANGES
s. 337.195
+71 / −0