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6-5-706
Section 6-5-706 Improper maintenance following conclusion of project. A contractor shall bear
no civil liability to a claimant for personal injury, property damage, or death which occurs
subsequent to the conclusion of the project where the proximate cause of the personal injury,
property damage, or death is occasioned by a failure of the awarding authority to properly
maintain the roadway or any of its features, including shoulders, unless either: (1) A contractor
contracts in whole or in part with the awarding authority to maintain the roadway, or any
of its features, including shoulders, or project in question. (2) The contractor undertakes,
independent of a contract, to maintain a roadway or any of its features, including shoulders.
(Act 2012-225, p. 414, §7.)...
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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.)...
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34-33-10
Section 34-33-10 Application of chapter; compliance with chapter required before contract awarded;
copies of chapter furnished to invited bidders. (a) This chapter also applies to any fire
protection sprinkler contractor I or II performing work for any municipality, county, or the
state. Officials of any municipality, county, or the state are required to determine compliance
with this chapter before awarding any contracts for the installation, repair, alteration,
addition, or inspection of a fire protection sprinkler system. Bids for such shall be accompanied
by a copy of a valid State Fire Marshal's permit. (b) All architects and engineers preparing
plans and specifications for work involving fire protection sprinkler systems to be contracted
in the State of Alabama shall include in their invitations to bidders and their specifications
a copy of this chapter or such portions thereof as are deemed necessary to convey to the invited
bidder, whether he or she is a resident or nonresident...
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34-8-8
Section 34-8-8 Copy of chapter to be included in plans of owners, architects, and engineers;
inclusion of license number on bid. (a) All owners, architects, engineers, construction managers,
and private awarding authorities preparing plans and specifications for work to be contracted
in Alabama pursuant to this chapter shall include in their invitations to bidders, including
but not limited to all public and private advertisements, and their specifications a copy
of the portions of this chapter as are deemed necessary to convey to the invited bidder, whether
he or she is a resident or nonresident of this state and whether a license has been issued
to him or her or not, the information that it will be necessary for him or her to show evidence
of license before his or her bid is considered. Any person including an owner, architect,
engineer, construction manager, or private awarding authority who violates this section shall
be guilty of a Class B misdemeanor and shall for each offense of...
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39-2-14
Section 39-2-14 Registration of out-of-state contractors required; deposit; surety bond. (a)
Every nonresident contractor, as defined in Section 39-2-12 shall register with the Department
of Revenue prior to engaging in the performance of a contract in this state. At the time of
registration the contractor shall deposit with the Department of Revenue five per centum of
the amount such contractor is to receive for the performance of the contract which shall be
held within a "contractors use tax fund" pending the completion of the contract,
the determination of the taxes due this state and other governmental bodies, and the payment
of same. In lieu of such deposit the contractor may provide a corporate surety bond to be
approved by the Commissioner of Revenue as to form, sufficiency, value, amount, stability,
and other features necessary to provide a guarantee of payment of the taxes due this state
and other governmental bodies. (b) In addition, within 30 days after registration, the...
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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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23-1-2
Section 23-1-2 Bid guaranty. Any other provisions of the law to the contrary notwithstanding,
bidders for contract projects which contracts are with the State of Alabama, in behalf of
the Department of Transportation, to be paid, in whole or in part, from funds allocated to
the Department of Transportation from any source whatsoever, or where contracts are with any
of the several counties of the state for a highway, road, street, or bridge project, to be
paid for, in whole or in part, from funds allocated to the county from any source whatsoever,
shall be required to file with the bid, as a bid guaranty, a certified check or bid bond payable
to the awarding authority as follows: (1) A certified check payable to the awarding authority
for an amount not less than five percent of the contractor's bid, but in no event more than
fifty thousand dollars ($50,000); or (2) A bid bond payable to the awarding authority in an
amount not less than five percent of the bid, but in no event more than...
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41-16-50
Section 41-16-50 Contracts for which competitive bidding required. (a) With the exception of
contracts for public works whose competitive bidding requirements are governed exclusively
by Title 39, all expenditure of funds of whatever nature for labor, services, work, or for
the purchase of materials, equipment, supplies, or other personal property involving fifteen
thousand dollars ($15,000) or more, and the lease of materials, equipment, supplies, or other
personal property where the lessee is, or becomes legally and contractually, bound under the
terms of the lease, to pay a total amount of fifteen thousand dollars ($15,000) or more, made
by or on behalf of any state trade school, state junior college, state college, or university
under the supervision and control of the Alabama Community College System, the Alabama Fire
College, the district boards of education of independent school districts, the county commissions,
the governing bodies of the municipalities of the state, and the...
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39-8-8
Section 39-8-8 Applicability of chapter. (a) The requirements of this chapter shall not apply
to public construction contracts executed before June 1, 2014. (b) This chapter does not do
any of the following: (1) Prohibit employers or other parties from entering into agreements
or engaging in any other activity protected by the National Labor Relations Act, 29 U.S.C.
Sections 151 to 169. (2) Interfere with labor relations of parties that are left unregulated
under the National Labor Relations Act, 29 U.S.C. Sections 151 to 169. (3) Prohibit a public
agency from awarding a public contract, grant, tax abatement, or tax credit to a private owner,
bidder, contractor, or subcontractor who enters into or who is a party to an agreement with
a collective bargaining organization, if being or becoming a party or adhering to an agreement
with a collective bargaining organization is not a condition for award of the public contract,
grant, tax abatement, or tax credit, and if the public agency does...
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16-1-2
Section 16-1-2 Inspection of buildings during and after construction; acceptance of completed
construction; forms for construction contracts. In order to eliminate the causes of school
fires and other conditions which jeopardize the health and safety of school children: (1)
The county or city superintendent of education shall notify the State Superintendent of Education
within 10 days after the beginning of the construction of a building; and, upon the request
of the county or city superintendent of education, the State Superintendent of Education or
his agent shall inspect said building during construction for the purpose of seeing that plans
and specifications upon which the contract was let are being complied with. (2) A county or
city superintendent of education shall not recommend and a county or city board of education
shall not approve for payment more than 90 percent of the contract price of the building constructed
by the county or city board of education until the State...
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