Support Legislation to Provide Construction Contractors with Limited Immunity from Liability for Negligence When Responding to Declared Emergencies or Disasters

Background:

• 21 States have Good Samaritan legislation to cover responders to natural disaster and other emergencies.  AGC has helped craft federal legislation to cover this much needed lapse in protection.

AGC Message:

• Construction Knowledge and Expertise is Essential to Search, Rescue and Recovery Efforts.  Construction companies do the correct thing when facing disasters and emergencies by bringing equipment, knowledge and people to the affected area.  They volunteer their efforts to help people and want to be able to contribute in the same way in the future.  AGC does not want the fear of law suits to make construction contractors hesitate, or decide not to assist, in times of need.  AGC supports this legislation to ensure that construction contractors will continue to answer the call of duty.

• Construction Companies have Volunteered Immediately After Disasters and Other Emergencies Without Adequate Insurance.  In situations like 9/11 and Hurricane Katrina, construction contractors are needed to help with search, recovery and cleanup efforts.  Those who did respond immediately did so in a volunteer capacity, as Good Samaritans. Contracts are not usually in place immediately after disasters (they were not awarded in New York until 30 days after the attacks) so there is not adequate insurance in place during the imperative first few hours, days, and sometimes weeks. 
• Federal Law Needed Because Only 21 States Have State Legislation.  21 states have Good Samaritan legislation to cover those who respond to natural disasters and other emergencies, though only one state (Missouri) mentions contractors specifically.  Louisiana, Mississippi, Alabama and New York do not have Good Samaritan legislation at all.   No state laws have protection for terrorist attacks or the aftermath of such attacks.   When construction expertise is needed, there should not be anything to make the construction industry hesitant in responding to help and possibly save lives.
• Legislation Would Provide Construction Contractors with Limited Immunity from Liability for Negligence.  This bill would make construction entities immune from liability for negligence when providing services or equipment on a volunteer basis in response to a declared emergency or disaster.  It would not cover gross negligence or willful misconduct.  Those protected under the bill would be providing such assistance at the direction of a public official acting in an official capacity.

AGC Supported Legislation:

• H.R. 2067 - Good Samaritan Protection for Construction, Architectural, and Engineering Volunteers Act
  • 04/26/07 - Introduced

AGC Letters:

• 05/18/2007 - AGC Urges House to Support H.R. 2067, Good Samaritan Legislation