36-30-7
Section 36-30-7 Construction of article; decision of awarding authority final. (a) This article
shall not be construed to give any person a right of action against the State of Alabama in
any court for the recovery of the compensation authorized by this article. This article shall
not be construed to take away any right of action in any court under any other law for the
recovery of damages for the death of a peace officer, firefighter, or rescue squad member;
nor, in the event of the death of a peace officer, firefighter, or rescue squad member who
was an employee of the State of Alabama at the time of the injury which proximately caused
his or her death, shall this article be construed to take away the right or privilege of the
surviving dependents of such peace officer, firefighter, or rescue squad member to file a
claim for damages with the State Board of Adjustment pursuant to any other law. (b) The decision
of the awarding authority shall be final and shall not be subject to...
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14-2-28
Section 14-2-28 Facilities - Construction. All facilities constructed by the authority shall
be constructed according to plans and specifications of architects or engineers, or both,
selected by the department. Such plans and specifications shall be approved by the department
and by the commission. All work in the construction of facilities, or any part thereof, which
is determined by the commission to be suitable and proper for construction by prison labor
under force account shall be performed by such prison labor under such supervision and directions
as shall be ordered by the department. All construction of facilities or any part thereof
which the commission shall determine not to be suitable and proper for construction by prison
labor shall be done under the supervision and direction of the commission following award
for each part of the work to the lowest responsible bidder after advertising for, receipt
and public opening of sealed bids. Each such invitation for bids and the...
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39-2-6
Section 39-2-6 Award of contract; additional competitive bids; work done by force account;
availability of plans, etc.; use of convict labor; assignment of contract; agreements, etc.,
among bidders; advance disclosure; life cycle costs. (a) The contract shall be awarded to
the lowest responsible and responsive bidder, unless the awarding authority finds that all
the bids are unreasonable or that it is not to the interest of the awarding authority to accept
any of the bids. A responsible bidder is one who, among other qualities determined necessary
for performance, is competent, experienced, and financially able to perform the contract.
A responsive bidder is one who submits a bid that complies with the terms and conditions of
the invitation for bids. Minor irregularities in the bid shall not defeat responsiveness.
The bidder to whom the award is made shall be notified by telegram, confirmed facsimile, or
letter at the earliest possible date. If the successful bidder fails or refuses to...
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41-10-67
Section 41-10-67 Awarding, etc., of contracts for construction of facilities, buildings and
structures; supervision, etc., of construction; payments to contractors; agreement of authority
and Building Commission as to construction cost estimate. All facilities, buildings and structures
constructed by the authority shall be constructed according to plans and specifications of
architects or engineers selected by the authority. Such construction shall be done under the
supervision and direction of the Building Commission or any agency designated by the Legislature
as its successor following award for each part of the work to the lowest responsible bidder
after advertising for receipt and public opening of sealed bids; provided, that the invitations
for bids and the bidding documents shall be so arranged that any alternates from the base
bid shall constitute cumulative deductions from the base bid; and, in determining the lowest
bidder, if funds are insufficient to construct the...
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41-10-271
Section 41-10-271 Acquisition, construction, etc., of judicial facilities; award of contract;
payments under contract; Building Commission expenses; revision of plans. The authority shall
proceed with the acquisition, construction, installation and equipping of the judicial facilities
as soon as may be practicable following the sale of the authority's bonds. Such acquisition,
construction, installation and equipping shall be done by the authority under the supervision
of the Building Commission upon the award of a contract or contracts for each part of the
work to the lowest responsible bidder after advertisement for and public opening of sealed
bids; provided, that for the purpose of determining the lowest responsible bidder, the invitation
for bids and the bidding documents shall be so arranged that alternates from the base bid
shall constitute cumulative deductions from the base bid in the event such alternates should
be selected. All such contracts shall be lump sum contracts and...
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6-5-700
Section 6-5-700 Definitions. For the purposes of this article, the following terms shall have
the following meanings: (1) AWARDING AUTHORITY. a. The Alabama Department of Transportation,
if the contractor enters into a contract with the State of Alabama to construct, repair, or
maintain a highway, a road, or a street for the State of Alabama; or b. The county governing
body, if the contractor enters into a contract with that county to construct, repair, or maintain
a highway, a road, or a street for that county; or c. The governing body of any other local
government, if the contractor enters into a contract with that local government to construct,
repair, or maintain a highway, a road, or a street for that local government. (2) CONCLUSION
OF PROJECT. The date that the awarding authority notifies the contractor, in writing, that
the awarding authority has assumed maintenance responsibilities for the roadway or 60 days
after the contractor has notified, in writing, the awarding authority...
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34-8-6
Section 34-8-6 Prohibited acts; penalties; cease and desist orders. (a) Any person, firm, or
corporation not being duly authorized who shall engage in the business of general contracting
in this state, except as provided for in this chapter, and any person, firm, or corporation
presenting or attempting to file as its own the license certificate of another, or who shall
give false or forged evidence of any kind to the board, or to any member thereof, in obtaining
a certificate of license, or who falsely shall impersonate another, or who shall use an expired
or revoked certificate of license shall be deemed guilty of a Class A misdemeanor and for
each offense for which he or she is convicted shall be punished as provided by law. Furthermore,
any person including an owner, architect, engineer, construction manager, or private awarding
authority who considers a bid from anyone not properly licensed under this chapter shall be
deemed guilty of a Class B misdemeanor and shall for each...
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6-5-701
Section 6-5-701 Reliance upon specifications. A contractor is justified ordinarily in relying
upon the specifications that are contained in the contract with an awarding authority. No
contractor shall be held civilly liable for work performed on a highway, road, bridge, or
street including repairs, construction, or maintenance on behalf of the awarding authority
unless it is shown by a preponderance of the evidence that physical injury, property damage,
or death is proximately caused by any of the following: (1) A failure by the contractor to
follow the plans and specifications resulting in a dangerous condition. (2) The contractor's
performance of the contract in compliance with the plans and specifications creates a condition
that should have appeared, to a reasonably prudent contractor, to be a dangerous condition.
(3) A latent defect which creates a dangerous condition that is the result of the work of
the contractor. (Act 2012-225, p. 414, §2.)...
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6-5-702
Section 6-5-702 Compliance with contract documents. During the course of construction, a contractor
who constructs, maintains, or repairs a highway, road, street, or bridge for the awarding
authority is not liable to a claimant for personal injury, property damage, or death arising
from the performance of such construction, maintenance, or repair, if, at the time of the
personal injury, property damage, or death, the contractor was in compliance with contract
documents material to the condition, including the traffic control plan, that was the proximate
cause of the personal injury, property damage, or death unless following the plans and specifications
would result in a dangerous condition that should have appeared to be defective to a reasonably
prudent contractor or that the contractor should have known that following the plans and specifications
could create a dangerous condition that caused the injury or death. (Act 2012-225, p. 414,
§3.)...
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6-5-704
Section 6-5-704 Claims by noncontractual third parties. The contractor shall bear no civil
liability for any alleged property damage, personal injury, death, or other civil claims made
by noncontractual third parties arising from the design decisions or professional engineering
judgment, including decisions relating to the proper scope or inspection of the project, by
the awarding authority. This section shall not apply to either of the following situations:
(1) The contractor contracts in whole or in part to design the roadway or project or to provide
professional engineering services as to the design of the roadway. (2) The contractor undertakes
to provide design or professional engineering services as to the roadway or project. (Act
2012-225, p. 414, §5.)...
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