Code of Alabama

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34-8-7
Section 34-8-7 Exemptions from chapter; subcontractor requirements. (a) The following shall
be exempted from this chapter: (1) The practice of general contracting, as defined in Section
34-8-1, by an authorized representative or representatives of the United States Government,
State of Alabama, incorporated town, city, or county in this state, which is under the supervision
of a licensed architect or engineer provided any work contracted out by the representative
shall comply with the provisions of this chapter for general contractor. (2) The construction
of any residence or private dwelling. (3) A person, firm, or corporation constructing a building
or other improvements on his, her, or its own property provided that any of the work contracted
out complies with the definition in this chapter for general contractor. A municipal governing
body or municipal regulatory body may not enact any ordinance or law restricting or altering
this exemption. Any municipal ordinance or regulation...
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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...
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34-8-2
Section 34-8-2 Licensure and classification of contractors. (a) Any person desiring to be licensed
or desiring a renewal of an existing license as a general contractor in this state shall be
a citizen of the United States or, if not a citizen of the United States, a person who is
legally present in the United States with appropriate documentation from the federal government,
and shall make and file with the board, not less than 30 days prior to any regular meeting
thereof, a written application on a form as prescribed for examination by the board and the
application shall be accompanied by three hundred dollars ($300) for a new application or
two hundred dollars ($200) in case of a renewal. If a licensee fails to renew his or her license
within 90 days following expiration of the previous license, a late penalty of fifty dollars
($50) shall be collected, upon renewal, in addition to the renewal fee. The applicant shall
apply for a license covering the type or types of contracts on...
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40-9-14.1
Section 40-9-14.1 Certificates of exemption to governmental entities, contractors, etc., for
certain tax exempt projects. (a) For the purposes of this section, the term governmental entity
means the State of Alabama and its political subdivisions, including a county, a municipality,
an industrial or economic development board or authority, and any public water or sewer authority,
district, system, or board that otherwise is sales and use tax exempt. A governmental entity
shall also include an educational institution of any of the foregoing Alabama political subdivisions
including a public college or university, a county or city board of education, and the State
Board of Education. (b)(1) The Department of Revenue shall issue a certificate of exemption
to the governmental entity for each tax exempt project. (2) The Department of Revenue shall
grant a certificate of exemption from state and local sales and use taxes to any contractor
licensed by the State Licensing Board for General...
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41-10-727
Section 41-10-727 Definitions. As used in this division, the following words shall have the
following meanings: (1) DEPARTMENT. The Department of Revenue. (2) EMPLOYEE. An employee,
as defined in the Internal Revenue Code, as amended from time to time; except that any individual
providing services to an employer on an hourly, part-time, full-time, salaried, or contractual
basis shall be considered an employee for purposes of this division. (3) EMPLOYER. An employer,
as defined in the Internal Revenue Code, as amended from time to time, that is either a general
contractor or subcontractor that primarily holds itself out for hire to the general public
as a general contractor or subcontractor and who receives more than five percent of its annual
gross revenue from business described in either North American Industry Classification System
(NAICS) Code 236, 237, or 238 of the United States Department of Commerce in effect as of
January 1, 2009. This definition does not apply to or include...
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31-13-3
Section 31-13-3 Definitions. For the purposes of this chapter, the following words shall have
the following meanings: (1) ALIEN. Any person who is not a citizen or national of the United
States, as described in 8 U.S.C. ยง 1101, et seq., and any amendments thereto. (2) BUSINESS
ENTITY. Any person or group of persons employing one or more persons performing or engaging
in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood,
whether for profit or not for profit. Business entity shall include, but not be limited to,
the following: a. Self-employed individuals, business entities filing articles of incorporation,
partnerships, limited partnerships, limited liability companies, foreign corporations, foreign
limited partnerships, foreign limited liability companies authorized to transact business
in this state, business trusts, and any business entity that registers with the Secretary
of State. b. Any business entity that possesses a business...
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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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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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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section, services
performed for remuneration after December 31, 1977, including service in interstate commerce,
by: a. Any officer of a corporation; or b. Any individual who, under the usual common law
rules applicable in determining the employer-employee relationship, has the status of an employee;
or c. Any individual other than an individual who is an employee under paragraphs a. or b.
of this subdivision (1) who performs services for remuneration for any person: 1. As an agent-driver
or commission-driver engaged in distributing meat products, bakery products, beverages (other
than milk) or laundry or dry cleaning services for a principal; 2. As a traveling or city
salesman engaged upon a full-time basis in the solicitation on...
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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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