The overreaching contractual obligation to assume responsibility for another party beyond the extent of your own negligence or willful misconduct is unreasonable and a clear and present danger to the roadway safety infrastructure industry.  

Michael Capell of Brown & Brown recently listened while an ATSSA member shared an experience, recounting the unsettling details of a lawsuit that altogether changed his approach to every project.  For this member, had it not been for a negotiated settlement in exchange for a full release, a jury award would have easily exceeded the company’s available limits of liability insurance and forced a sell-off of corporate assets. The hard-to-swallow reality of the matter was that his involvement was simply a consequence of a far-reaching contractual obligation. 

The business survived, with the experience serving as an endless reminder to never again roll over for blanket contractual risk shifting. This member now fires back, many times successfully negotiating a narrowed responsibility that is fairly and appropriately aligned with his company’s presence on a project, something previously thought unachievable.

These circumstances are all too familiar and place high priority for the continued drive for awareness and education of the issues, contract review protocols and a push for legislative changes.

A new group of ATSSA members and volunteers has formed to assist members and will be presenting a webinar on Nov. 8 and a panel at the 2023 Convention & Traffic Expo in Phoenix.

ATSSA’s Midyear Meeting kicks off on Tuesday, launching the annual collaboration of industry insiders gathered to address the latest innovations and challenges in the roadway safety infrastructure industry.

This year’s event takes place in Providence, R.I., where Wednesday’s agenda includes a panel discussion on workforce, materials and supply chain issues.

“Construction and transportation industry challenges – potholes on the industry highway” will be moderated by ATSSA Vice President of Engagement Nate Smith. Panelists include Kate Fox Wood, senior director of government relations with the Association of Equipment Manufacturers, Jonathan Starks of FTR, who is a longtime member of the freight industry, and Sterling Wiggins with the U.S. Chamber of Commerce. The 1-hour session starts at 8:30 a.m. Wednesday and will focus on the state of affairs across the construction and transportation industries and what the path forward may look like.

The U.S. Senate passed the Inflation Reduction Act over the weekend, a sprawling bill centered around health care provisions, corporate tax increases and climate provisions, sending the bill to the House, which is expected to approve the legislation later this week.

Within the 775-page bill, ATSSA members will also see a nearly $1.9 billion competitive grant program aimed  at improving walkability, safety and increasing affordable transportation options. 

ATSSA will continue to follow the legislation and provide updates as it moves through Congress.

The Federal Highway Administration (FHWA) posted the final rule regarding pavement marking retroreflectivity in today’s Federal Register.

The posting states: “The purpose of this final rule is to update the Manual on Uniform Traffic Control Devices (MUTCD) to provide standards, guidance, options, and supporting information relating to maintaining minimum levels of retroreflectivity for pavement markings. The MUTCD is incorporated in FHWA regulations and recognized as the national standard for traffic control devices used on all streets, highways, bikeways, and private roads open to public travel.”

The rule notes that it is effective on Sept. 6.