MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Judiciary, Division A

By: Senator(s) Robertson, Hewes, Brown

Senate Bill 2791

AN ACT TO EXEMPT PUBLIC CONTRACTORS FROM LIABILITY TO THIRD PARTIES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  A contractor who performs construction, repair, maintenance or other work on any public property under contract with the State of Mississippi, a political subdivision thereof, or any other public authority in this state in compliance with plans and specifications for such work and after it has been finally accepted by the governmental entity shall have no liability to third parties by reason of the condition of the work or otherwise pertaining to the work.

     SECTION 2.  The contractor may be liable for an improvement that is a nuisance per se, or that contains a defect that could not reasonably be detected on inspection by the proprietor, or that was turned over by the contractor in a manner so negligently defective as to be eminently dangerous to their persons.

     SECTION 3.  This act shall take effect and be in force from and after its passage.