6-5-711
Section 6-5-711 Exemption from civil liability for certain professional firms and employees providing construction monitoring services. The provisions of Section 34-11-9(a)(3) notwithstanding, neither a professional firm nor any of its employees that provide construction monitoring services on behalf of an awarding authority relating to the construction, repair, resurfacing, refurbishment, replacement, removal, modification, alteration, or other improvement of any public or private infrastructure shall be civilly liable in tort or otherwise for property damage, personal injury, or death resulting from construction monitoring services that substantially comply with the professional firm's construction monitoring services requirements for the awarding authority related to the plans and specifications in determining compliance of the contractor's work with the plans and specifications. (Act 2013-401, p. 1538, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-711.htm - 1K - Match Info - Similar pages
6-5-712
Section 6-5-712 Construction and application of article. (a) This article is not applicable to the extent that a professional firm or its employees are engaged by an awarding authority solely to design and/or prepare the engineering plans and specifications for a public or private infrastructure. (b) This article is not applicable to the extent that a professional firm or its employees performing construction monitoring services are also engaged by an awarding authority to prepare the engineering plans for that project, or are otherwise providing additional services on that project, and to the extent that a deficiency in such plans or additional services proximately causes property damage, personal injury, or death to a third party with whom the professional firm is not in privity of contract. (c) This article does not replace or supersede existing burdens of proof or defenses in professional liability actions concerning construction monitoring services. (Act 2013-401, p. 1538, §3.)...
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6-5-710
Section 6-5-710 Definitions. For purposes of this article the following terms shall have the following meanings: (1) AWARDING AUTHORITY. a. The Alabama Department of Transportation, if the project is either for, or is funded in whole or in part by, the State of Alabama to construct, repair, resurface, refurbish, replace, remove, modify, alter, or otherwise improve any public or private infrastructure, including any public-private partnership project, for which construction monitoring services are contracted. b. A county, city, town, or municipality that appropriates public funds for the construction, repair, resurfacing, refurbishment, replacement, removal, modification, alteration, or other improvement of any public or private infrastructure, including any public-private partnership project, for which construction monitoring services are contracted. c. All other state, county, or municipal boards, bodies, commissions, agencies, departments, institutions, and instrumentalities, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-710.htm - 3K - Match Info - Similar pages
34-11-1
Section 34-11-1 Definitions. For the purposes of this chapter, the following words and phrases shall have the respective meanings ascribed by this section: (1) BOARD. The State Board of Licensure for Professional Engineers and Land Surveyors, provided for by Section 34-11-30. (2) DESIGN COORDINATION. The review and coordination of technical submissions prepared by persons other than the principal engineer, including, as appropriate and without limitations, consulting engineers, architects, landscape architects, land surveyors, and other professionals working under the direction of the engineer. (3) DISCIPLINARY ACTION. Any final written decision, order, consent agreement, public reprimand, or other formal action taken against an individual or firm by the board based upon a violation of this chapter or a board rule. (4) ENGINEER INTERN. An individual who has been certified as an engineer intern by the board. (5) ENGINEER or PROFESSIONAL ENGINEER. An individual who, by reason of his or...
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41-10-541
Section 41-10-541 Definitions. (a) The following words and phrases used in this division, and others evidently intended as the equivalent thereof, shall, in the absence of clear implication herein otherwise, be given the following respective interpretations herein: (1) APPROPRIATED FUNDS. Net TVA payments to the extent such payments are pledged and appropriated to the authority pursuant to Section 41-10-550. (2) AUTHORITY. The public corporation organized pursuant to this division. (3) AUTHORITY GUARANTY. An agreement of the authority pursuant to which the payment of debt service referable to bonds, notes, or other evidences of indebtedness of a development agency is guaranteed by the authority. (4) AUTHORITY OBLIGATIONS. Bonds of the authority and authority guaranties. (5) AUTHORITY-GUARANTEED OBLIGATIONS. Bonds, notes, or other evidences of indebtedness of a development agency that are issued solely for the purpose in financing a project and that are guaranteed, in whole or in part,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-10-541.htm - 13K - Match Info - Similar pages
34-11-9
Section 34-11-9 Practice by firms. (a)(1) A firm that practices or offers to practice engineering or land surveying is required to obtain a certificate of authorization from the board in accordance with rules adopted by the board. (2) An entity that performs engineering services or land surveying services for itself, or for a parent or subsidiary, is not required to have a certificate of authorization. (3) A firm may not be relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners by reason of its compliance with this section. An individual practicing engineering or land surveying under this chapter is not relieved of responsibility for engineering or land surveying services performed by reason of employment or other relationship with a firm holding a certificate of authorization. (4) The Secretary of State may not accept organizational papers nor issue a certificate of incorporation, organization, licensure, or authorization to any firm that...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/39-2-12.htm - 18K - Match Info - Similar pages
39-2-2
Section 39-2-2 Advertisement for and opening of sealed bids for public works contracts; violations; exclusions; emergency actions; sole source specification. (a) Before entering into any contract for a public works involving an amount in excess of fifty thousand dollars ($50,000), the awarding authority shall advertise for sealed bids, except as provided in subsection (j). If the awarding authority is the state or a county, or an instrumentality thereof, it shall advertise for sealed bids at least once each week for three consecutive weeks in a newspaper of general circulation in the county or counties in which the improvement or some part thereof, is to be made. If the awarding authority is a municipality, or an instrumentality thereof, it shall advertise for sealed bids at least once in a newspaper of general circulation published in the municipality where the awarding authority is located. If no newspaper is published in the municipality, the awarding authority shall advertise by...
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41-10-652
Section 41-10-652 Definitions. When used in this division, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) ANCILLARY COSTS shall mean the costs incurred in acquiring and constructing public improvements that benefit all or any part of the project including, without limitation, (i) improvements to streets, roads and bridges, (ii) improvements to water and sewer systems, gas and electric systems, and other utilities providing services to any part of the project, (iii) improvements to the police, fire, and emergency rescue services provided to the company by local governmental entities, and (iv) improvements to transportation systems benefiting the company, such as railroad spur and switching facilities. (2) AUTHORITY shall mean the Alabama 21st Century Authority, which is provided for pursuant to Division 1. (3) BONDS shall mean the bonds that are authorized herein to be issued by the authority. (4) COMPANY shall mean an...
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41-10-672
Section 41-10-672 Definitions. When used in this division, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) ANCILLARY COSTS shall mean the costs incurred in acquiring and constructing public improvements that benefit all or any part of the projects including, without limitation, (i) improvements to streets, roads, and bridges, (ii) improvements to water and sewer systems, gas and electric systems, and other utilities providing services to any part of the projects, (iii) improvements to the police, fire, and emergency rescue services provided to the companies by local governmental entities, and (iv) improvements to transportation systems benefiting the companies, such as railroad spur and switching facilities. (2) AUTHORITY shall mean the Alabama 21st Century Authority, which is provided for pursuant to the Enabling Act. (3) BOEING shall mean the Boeing Company, a corporation, or any affiliate thereof. (4) BONDS shall mean the...
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