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35-11-227
Section 35-11-227 Actions by employees, etc.; defense by contractor. (a) If the action is by
an employee of the contractor, or by any person who has furnished to him material for the
building or improvement, the contractor shall be a necessary party defendant thereto; and
in such action on motion of the plaintiff, the owner or proprietor may be cited to answer
under oath how much was owing by him to the contractor on his contract with such contractor,
at the time of the service on him of the notice required by Section 35-11-218; and such answer
may be controverted, and proceedings had and judgment entered as in garnishment cases. (b)
When the lien is sought to be enforced by any person other than the contractor, it shall be
the duty of the contractor to defend the action at his own expense; and after notice of an
intention to file a statement of the lien, and pending the action, the owner or proprietor
may withhold from the contractor money sufficient to cover the amount claimed, and...
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3-5-12
Section 3-5-12 Proceedings for recovery of livestock or animal by owner; determination of validity
of seizure, amount of damages, etc., where owner unknown, etc.; fees and costs of district
court judge and officer making seizure; appeals from judgment of district court. (a) The owner
of any livestock or animal which has been seized shall have the right to possession of the
same by paying such judgment and the costs thereof or, if no judgment has been entered, by
paying such damages as may be agreed upon together with fees and costs and expenses due on
account of such seizure to the person or officer so seizing such livestock or animal or to
the person who may at the time of such payment have such livestock or animal in his possession
and by paying to the court the costs of the court incurred to the time of such payment. Should
the parties be unable to agree upon the amount of damages, fees, costs and expenses due, either
party shall have the right to go before any district court judge...
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9-17-23
Section 9-17-23 Owners not to allow wells to get out of control, etc.; rights of board upon
failure of owners to control wells; powers, etc., of board to secure payment by owners of
costs and expenses of controlling or plugging wells. In order to protect further the natural
gas fields and oil fields in this state, it is hereby declared to be unlawful for any owner
to allow a well to go wild or to get out of control. The owner of any such well shall, after
24 hours written notice by the board given to him or to the person in possession of such well,
make reasonable effort to control such well. In the event of the failure of the owner of such
well within 24 hours after service of the notice above provided for to control the same, if
such can be done within the period, or to begin in good faith, upon service of such notice,
operations to control such well or upon failure to prosecute diligently such operations, then
the board shall have the right to take charge of the work of controlling...
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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a) As used
in this section the following words shall have the meanings ascribed to them as follows: (1)
CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited
liability company, cooperative, or other legal entity licensed by the Alabama State Licensing
Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is neither a.
organized and existing under the laws of the State of Alabama, nor b. maintains its principal
place of business in the State of Alabama. A nonresident contractor which has maintained a
permanent branch office within the State of Alabama for at least five continuous years shall
not thereafter be deemed to be a nonresident contractor so long as the contractor continues
to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging to the contractor
which has been retained by the awarding authority conditioned on...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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35-11-218
Section 35-11-218 Notice of lien claimed by persons other than original contractor. Every person,
except the original contractor, who may wish to avail himself of the provisions of this division,
shall before filing his statement in the office of the judge of probate, give notice in writing
to the owner or proprietor, or his agent, that he claims a lien on such building or improvement,
setting forth the amount thereof, for what, and from whom it is owing; and after such notice,
any unpaid balance in the hands of the owner or proprietor shall be held subject to such lien.
But the provisions of this section shall not apply to the case of any material furnished for
such building or improvement, of which the owner was notified in advance as provided in Section
35-11-210. (Code 1876, §3457; Code 1886, §3026; Code 1896, §2731; Code 1907, §4762; Code
1923, §8840; Code 1940, T. 33, §46.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-11-218.htm - 1K - Match Info - Similar pages
35-11-210
Section 35-11-210 Lien declared. Every mechanic, person, firm, or corporation who shall do
or perform any work, or labor upon, or furnish any material, fixture, engine, boiler, waste
disposal services and equipment, or machinery for any building or improvement on land, or
for repairing, altering, or beautifying the same, under or by virtue of any contract with
the owner or proprietor thereof, or his or her agent, architect, trustee, contractor, or subcontractor,
upon complying with the provisions of this division, shall have a lien therefor on such building
or improvements and on the land on which the same is situated, to the extent in ownership
of all the right, title, and interest therein of the owner or proprietor, and to the extent
in area of the entire lot or parcel of land in a city or town; or, if not in a city or town,
of one acre in addition to the land upon which the building or improvement is situated; or,
if employees of the contractor or persons furnishing material to him...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-11-210.htm - 3K - Match Info - Similar pages
39-1-1
Section 39-1-1 Bonds required of persons contracting for public works; commencement, etc.,
of actions upon bond by persons supplying labor, etc., to contractor; offer to accept judgment;
notice of completion of project by contractor and final settlement; applicability. (a) Any
person entering into a contract with an awarding authority in this state for the prosecution
of any public works shall, before commencing the work, execute a performance bond, with penalty
equal to 100 percent of the amount of the contract price. In addition, another bond, payable
to the awarding authority letting the contract, shall be executed in an amount not less than
50 percent of the contract price, with the obligation that the contractor or contractors shall
promptly make payments to all persons supplying labor, materials, or supplies for or in the
prosecution of the work provided in the contract and for the payment of reasonable attorneys'
fees incurred by successful claimants or plaintiffs in civil...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/39-1-1.htm - 6K - Match Info - Similar pages
35-8-12
Section 35-8-12 Liability, actions, and service of process. (a) Neither the association nor
any unit owner shall be liable for the individual acts or omissions of any other unit owner.
(b) All actions seeking liability of unit owners arising by virtue of their condominium ownership
and who are not liable by reason of any act or omission on their own part shall be directed
against the association and defended by the association. Where plaintiff's demand exceeds
unit owner insurance established by the association, such unit owner must be given notice
by the association and shall have the right at his own expense to individual representation
by counsel. (c) A unit owner, not liable by reason of any act or omission on his own part,
shall have no liability for any settlement, judgment, or cost of defense incurred by the association
with relation to limited common elements in which he has no interest. (d) A unit owner shall
be liable for no more than a pro rata share of any settlement,...
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35-11-112
Section 35-11-112 Joinder of persons having liens on same property. (a) Persons having liens
under the provisions of this division, on the same property, may join in the same action for
the enforcement of their respective liens; and when there is such joinder, the court or jury
trying the action must ascertain the amount due to each of the plaintiffs secured by the lien,
and judgment must be rendered accordingly; but the failure of one or more of the plaintiffs
to establish his or their liens shall not defeat a recovery by the others. The proceeds of
the sale of the property levied on, if not sufficient to satisfy the demands of all the plaintiffs,
shall be distributed, after payment of the costs, pro rata among them. (b) When persons having
such liens on the same property refuse, after notice in writing, to join in such action, the
persons giving the notice may proceed without them on making affidavit of the fact of such
notice and refusal; and notice of the levy of the attachment...
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