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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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16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove barriers
to education success imposed on children of military families because of frequent moves and
deployment of their parents by: A. Facilitating the timely enrollment of children of military
families and ensuring that they are not placed at a disadvantage due to difficulty in the
transfer of education records from the previous school district(s) or variations in entrance/age
requirements. B. Facilitating the student placement process through which children of military
families are not disadvantaged by variations in attendance requirements, scheduling, sequencing,
grading, course content or assessment. C. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
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7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In this
article: (1) "Accession" means goods that are physically united with other goods
in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...
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11-32-7
Section 11-32-7 Powers of authority. (a) The authority shall exercise powers and duties necessary
to the discharge of its powers and duties in corporate form as follows: (1) Have succession
by its corporate name in perpetuity subject to Section 11-32-20. (2) Sue and be sued in its
own name in civil suits and actions and defend suits against it. (3) Adopt and make use of
a corporate seal and alter the same at its pleasure. (4) Adopt and alter bylaws for the regulation
and conduct of its affairs and business. (5) Acquire, receive, take, by purchase, gift, lease,
devise, or otherwise, and hold property of every description, real, personal, or mixed, whether
located in one or more counties or municipalities and whether located within or outside the
authorizing county. (6) Make, enter into, and execute contracts, agreements, leases, and other
instruments and take other actions as may be necessary or convenient to accomplish any purpose
for which the authority was organized, or exercise any...
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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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6-5-701
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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6-5-711
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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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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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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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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