68-419a. Design defects; exempting contractor from liability in certain cases.

68-419a

Chapter 68.--ROADS AND BRIDGES
PART I.--ROADS
Article 4.--STATE HIGHWAYS

      68-419a.   Design defects; exempting contractor from liability incertain cases.(a) Whenever any public officer, as defined by K.S.A. 75-4301, shall enterinto a contract on behalf of the state or any agency or instrumentalitythereof for the construction of any highway or turnpike, in accordance withthe laws of this state, the contractor shall not be liable for damagesarising out of design defects involving the construction of such highway orturnpike resulting in injury to persons or damage to property, occurringafter completion of the contract, and acceptance thereof by such publicofficer, if the contractor has complied with all contractual provisions andspecifications imposed by state and federal agencies with respect to suchhighway or turnpike. Nothing contained in this section shall be construedas abrogating, limiting or otherwise affecting any cause of action accruingto the state or any agency or instrumentality thereof which was a party tosuch contract.

      History:   L. 1974, ch. 269, § 1; July 1.