Missouri’s transportation system depends on public-private partnerships. Every day, private contractors, surveyors, and engineering firms work side-by-side with the Missouri Department of Transportation to deliver safer roads, stronger bridges, and critical infrastructure improvements that keep our economy moving. Yet under current law, these private partners are exposed to a legal and financial risk that MoDOT itself does not face—despite performing the same work, under the same standards, and under MoDOT’s direct oversight.
That imbalance is not just unfair. It is bad policy.
MoDOT is protected by sovereign immunity because it is a public entity carrying out essential governmental functions. The purpose of that protection is not to excuse negligence, but to ensure the state can deliver vital services without constant exposure to lawsuits that drain resources, inflate costs, and delay projects. When private contractors and engineering firms are hired to carry out MoDOT-directed work, they are acting as an extension of the state’s transportation mission. In many cases, they are following MoDOT’s specifications, meeting MoDOT’s inspection requirements, and operating within a framework established by MoDOT engineers and project managers. Yet only one party receives legal protection.
Missouri should correct this by extending sovereign immunity—under appropriate limits—to private contractors performing MoDOT work.
This change would protect taxpayers and strengthen the delivery of transportation projects statewide. Without this legal protection, private firms must price additional liability into every bid. That means higher project costs, increased insurance premiums, and fewer firms willing to compete for MoDOT work. In an era when Missouri is already facing workforce shortages, rising construction costs, and an ongoing need to modernize aging infrastructure, the state should not be creating unnecessary barriers that shrink the pool of qualified firms.
Extending sovereign immunity would also help ensure Missouri can attract and retain the engineering and construction partners needed to complete complex infrastructure projects. Missouri relies on specialized expertise to deliver bridge rehabilitation, interchange redesigns, safety improvements, and emergency repairs. If firms are forced to assume unlimited liability for work that is heavily directed by the state, it becomes increasingly difficult to recruit qualified partners—especially smaller Missouri-based firms that do not have the same legal and insurance capacity as national corporations. Over time, this dynamic can push smaller firms out of the market, reduce competition, and concentrate MoDOT work among a handful of large players.
Critics may argue that sovereign immunity for private firms reduces accountability. That concern is understandable, but it misunderstands what this policy would actually do. Contractors and engineers would still be held to strict professional standards and ethical obligations. MoDOT would still enforce performance requirements, contract remedies, and compliance obligations. And any legislation can—and should—be written to ensure immunity applies only when firms are acting within the scope of MoDOT work, following MoDOT direction, and meeting contract requirements. Firms that deviate from plans, cut corners, or act outside the scope of state-directed work should not be protected.
This is not about shielding bad actors. It is about recognizing that when the state hires private partners to carry out state-directed transportation work, the legal framework should match the reality of how projects are delivered.
Missouri’s transportation needs are too important to allow outdated legal structures to increase costs, discourage competition, and slow down project delivery. Passing a sovereign immunity law for private contractors working for MoDOT is a practical, responsible reform that protects taxpayers, supports Missouri businesses, and helps keep our transportation program moving forward.
Steve Sellenriek is the President of Sellenriek Construction
