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6-5-221
Section 6-5-221 Limitation on time for commencement of action. (a) All civil actions in tort,
contract, or otherwise against any architect or engineer performing or furnishing the design,
planning, specifications, testing, supervision, administration, or observation of any construction
of any improvement on or to real property, or against builders who constructed, or performed
or managed the construction of, an improvement on or to real property designed by and constructed
under the supervision, administration, or observation of an architect or engineer, or designed
by and constructed in accordance with the plans and specifications prepared by an architect
or engineer, for the recovery of damages for: (i) Any defect or deficiency in the design,
planning, specifications, testing, supervision, administration, or observation of the construction
of any such improvement, or any defect or deficiency in the construction of any such improvement;
or (ii) Damage to real or personal property...
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6-5-220
Section 6-5-220 Definitions. As used in this article, the following words and phrases used
herein shall have the following meaning ascribed to them: (a) BUILDER. Any individual, partnership,
firm, or corporation that constructed, or performed or managed the construction of, an improvement,
or any portion thereof, on or to real estate, and at the time of the construction was licensed
as a general contractor in the State of Alabama. (b) ARCHITECT. Any individual who, at the
time the architectural services were performed, was legally qualified to practice architecture
and held an unexpired registration as an architect in the State of Alabama; any partnership,
corporation, professional corporation, or professional association which, at the time the
architectural services were performed, was legally qualified to practice architecture in the
State of Alabama; and all employees or agents of the registered architect or of his or her
entity or firm acting under the instruction, control, or...
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6-5-227
Section 6-5-227 Causes of action for breach of written express warranty, contract, or indemnity
against architects, engineers, and builders. Nothing contained in this article shall be construed
to bar, prior to the expiration of a written express warranty, contract, or indemnity, causes
of action or rights of action in contract against architects, engineers, and builders as defined
in this article arising out of breach of contract for written express warranties, contracts,
or indemnities which by the written terms thereof shall extend beyond the period of seven
years after the substantial completion of construction of an improvement on or to the real
property. Any written express warranty, contract, or indemnity for the purposes of an action
in contract based upon the written express warranty, contract, or indemnity shall be enforceable
for the period of time specified in writing, and all civil actions in contract arising out
of the written express warranty, contract, or indemnity...
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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
6-5-225
Section 6-5-225 Time for commencement of action against architects, engineers, and builders.
(a) It is the purpose and intent of the Legislature in connection with all actions against
architects and engineers, who perform or furnish the design, planning, specifications, testing,
supervision, administration, or observation of the construction of an improvement on or to
real property, and builders who construct, perform, or manage the construction of an improvement
on or to real property designed by and constructed under the supervision, administration or
observation of, or in accordance with the plans and specifications prepared by, an architect
or engineer, to limit the time for commencement of an action to a period of two years from
the date a cause of action accrues and to bar all causes of action and rights of action which
accrue more than seven years after substantial completion of such improvement. The Legislature
finds that this classification distinguishing architects,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-225.htm - 7K - 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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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages
6-5-226
Section 6-5-226 Causes of action not abrogated. Nothing contained in this article shall be
construed to abrogate any cause of action for products liability, or for breach of warranty,
or for violation of the Alabama Extended Manufacturer's Liability Doctrine, or bar any cause
of action or right of action against any party other than an architect, engineer, or builder
as defined in this article. (Acts 1994, No. 94-138, p. 183, ยง7.)...
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6-5-218
Section 6-5-218 Rule of prescription regarding damages arising out of improvements to real
property. (a) No action in tort, contract, or otherwise shall be commenced against any person
performing or furnishing the design, planning, supervision, or observation of construction
or the construction of an improvement to real property more than seven years after the substantial
completion of such improvement for the recovery of damages for: (1) Any deficiency in the
design, planning, supervision, or observation of construction or construction of such an improvement;
or (2) Injury to real or personal property caused by any such deficiency; or (3) Injury to
or wrongful death of a person caused by any such deficiency. (b) The prohibition provided
in this section shall apply to any action commenced against a person for his own act, or failure
to act, or for the act, or failure to act, of his employees; likewise, the prohibition contained
in this section shall extend to every demand, whether...
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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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