Section 6-5-703 - Complaint to Include Detailed Specification and Factual Description of Each Alleged Act and Omission

In any action for injury, damages, or wrongful death,whether in contract or in tort, against an awarding authorityor its contractors arising from any negligent act or omissionin the construction or maintenance of a public road, theplaintiff shall include in the complaint filed in the action adetailed specification and factual description of each act andomission alleged by the plaintiff, and shall include whenfeasible and ascertainable the date, time, and place of theact or acts. The plaintiff shall amend the complaint timelyupon ascertainment of new or different acts or omissions uponwhich the claim is based; provided, however, that any suchamendment must be made at least 90 days before trial. Anycomplaint that fails to include such detailed specificationand factual description of each act and omission shall besubject to dismissal for failure to state a claim upon whichrelief may be granted. This section shall not apply to claimsby the awarding authority or contractor against each other. (Act 2012-225, p. 414, §4; Act 2023-316, §1.)