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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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6-5-705
Section 6-5-705 Dangerous conditions outside scope of project. The contractor shall bear no
civil liability for any dangerous condition that is outside of the scope of the project or
that is in excess of any requirement of the governing plans and specifications provided by
the awarding authority. This section shall not apply to either of the following situations:
(1) The contractor contracts to design in whole or in part the roadway or project or to provide
professional engineering services as to the design of the roadway. (2) The contractor undertakes
to provide services as to the roadway or project that are outside the scope of the project
or that are in excess of any requirement of the governing plans and specifications. (Act 2012-225,
p. 414, §6.)...
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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...
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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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34-11-14
Section 34-11-14 Persons and acts exempt from chapter. This chapter shall not be construed
to prevent or to affect any of the following: (1) The practice of any other legally recognized
profession or trade. (2) The work of an engineer intern or land surveyor intern, employee,
or a subordinate of any person holding a certificate of licensure under this chapter, or any
employee of a person practicing lawfully under paragraph b of subdivision (1) of Section 34-11-4,
provided the work does not include final engineering or land surveying designs or decisions
and is done under the responsible charge of and verified by an individual holding a certificate
of licensure under this chapter. (3) The practice of officers and employees of the government
of the United States while engaged within this state in the practice of engineering or land
surveying for the government. This exception does not extend to any engineer or land surveyor
engaged in the practice of professional engineering or land...
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34-15C-13
Section 34-15C-13 Conflicts of interest. (a) The registered interior designer shall attempt
to avoid all conflicts of interest with a client or employer. If a conflict of interest is
unavoidable, the registered interior designer shall immediately inform the client or employer
of any business association, interest, or circumstance which may influence the professional
judgment, decisions, practices, or quality of services provided by the registered interior
designer. (b) The registered interior designer may not solicit or accept any gratuity, material
favor, or benefit of any substantial nature from any party, agent, servant, or employee who
is not a client or employer in connection with any project for which the registered interior
designer is performing, or has contracted to perform, interior design services. This solicitation
or acceptance includes, but is not limited to, any act, article, money, or other item which
is of such value in proportion to the interior design services that...
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40-18-372
Section 40-18-372 Qualifying projects - Activities and standards. A qualifying project must
be found by the Secretary of Commerce to conduct an activity specified in subdivision (1)
and to meet the minimum standard set forth in subdivision (2). (1) A qualifying project must
predominantly conduct an activity that is any one or more of the following: a. Described by
NAICS Code 1133, 115111, 2121, 22111, 221330, 31 (other than 311811), 32, 33, 423, 424, 482,
4862, 48691, 48699, 48819, 4882, 4883 (other than 48833), 493, 511, 5121 (other than 51213),
51221, 517, 518 (without regard to the premise that data processing and related services be
performed in conjunction with a third party), 51913, 52232, 54133 (if predominantly in furtherance
of another activity described in this article), 54134 (if predominantly in furtherance of
another activity described in this article), 54138, 5415, 541614, 5417, 55 (if not for the
production of electricity), 561422 (other than establishments that...
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45-37-40.02
Section 45-37-40.02 Barber commission. (a) There shall be a barber commission for the county
consisting of three members, one of whom shall be black, herein at times referred to as the
commission. The present members of the commission having been previously appointed by the
county commission, shall serve for the duration of their term, but in the event of a vacancy
existing at the time of taking effect of this section or occurring in the future, the vacancy
shall be filled, and all subsequent members of the commission shall be selected or appointed
in the manner provided in this section for terms of three years. The members of the commission
shall be nominated by the barbers licensed by the commission and only those licensed shall
be eligible to vote for nominees for appointment to the commission. The commission, at all
times, shall be composed of three members, all of whom shall be licensed barbers, who have
been licensed by the commission for a period of five years prior to their...
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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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6-5-703
Section 6-5-703 Notification of potentially dangerous conditions. If, prior to or during the
course of construction, a contractor discovers or determines that following the plans and
specifications could result in a potentially dangerous condition, then the contractor shall,
with specificity of such condition, expressly notify the Chief Engineer of the Alabama Department
of Transportation in writing by certified mail, return receipt requested. The Alabama Department
of Transportation, or the awarding authority, shall respond to the specific condition raised
within 14 days in writing as to its decision as to the appropriate response to the dangerous
condition. The contractor shall not be liable for any claim relating to any decision made
by the Alabama Department of Transportation or awarding authority as to the appropriate response,
design decisions, or engineering decision, if any, to respond to the potentially dangerous
condition identified. (Act 2012-225, p. 414, §4.)...
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