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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-77-60 SO AS TO PROVIDE THAT A CONTRACTOR CONSTRUCTING OR REPAIRING A HIGHWAY, ROAD, OR BRIDGE FOR THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS IS NOT LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 77, Title 15 of the 1976 Code is amended by adding:
"Section 15-77-60. A contractor who constructs or repairs a highway, road, street, or bridge for the State or any of its political subdivisions is not liable to a claimant for personal injury, property damage, or death arising from the performance of the construction or repair if, at the time of the personal injury, property damage, or death, the contractor is in compliance with contract documents material to the condition or defect that is the proximate cause of the personal injury, property damage, or death."
SECTION 2. The General Assembly intends that the provisions of this act apply retroactively to causes of actions arising before, on, and after the effective date of this act and to pending actions, rights, duties, or liabilities.
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect upon approval by the Governor and applies to all causes of action arising before, on, or after the effective date of this act.
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