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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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6-5-700
Section 6-5-700 Definitions. For the purposes of this article, the following terms shall have
the following meanings: (1) AWARDING AUTHORITY. a. The Alabama Department of Transportation,
if the contractor enters into a contract with the State of Alabama to construct, repair, or
maintain a highway, a road, or a street for the State of Alabama; or b. The county governing
body, if the contractor enters into a contract with that county to construct, repair, or maintain
a highway, a road, or a street for that county; or c. The governing body of any other local
government, if the contractor enters into a contract with that local government to construct,
repair, or maintain a highway, a road, or a street for that local government. (2) CONCLUSION
OF PROJECT. The date that the awarding authority notifies the contractor, in writing, that
the awarding authority has assumed maintenance responsibilities for the roadway or 60 days
after the contractor has notified, in writing, the awarding authority...
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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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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
16-13B-7
Section 16-13B-7 Defaulting bidder; award to second lowest responsible bidder; preferences;
sole source specification; life cycle costs; rejection of bids; lease-purchase contracts.
(a) When purchases are required to be made through competitive bidding, awards shall be made
to the lowest responsible bidder taking into consideration the qualities of the commodities
proposed to be supplied, their conformity with specifications, the purposes for which required,
the terms of delivery, transportation charges, and the dates of delivery. If at any time after
the award has been made the lowest responsible bidder notifies the awarding authority in writing
that the bidder will no longer comply with the terms of the award to provide the goods or
services to the awarding authority under the terms and conditions of the original award, or
the awarding authority documents that the lowest responsible bidder defaults under the terms
of the original award, the awarding authority may terminate the award...
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41-16-57
Section 41-16-57 Municipal or county contracts for certain services exempt from competitive
bid requirements. (a) When purchases are required to be made through competitive bidding,
awards shall be made to the lowest responsible bidder taking into consideration the qualities
of the commodities proposed to be supplied, their conformity with specifications, the purposes
for which required, the terms of delivery, transportation charges, and the dates of delivery.
If at any time after the award has been made the lowest responsible bidder notifies the awarding
authority in writing that the bidder will no longer comply with the terms of the award to
provide the goods or services to the awarding authority under the terms and conditions of
the original award, or the awarding authority documents that the lowest responsible bidder
defaults under the terms of the original award, the awarding authority may terminate the award
to the defaulting bidder and make an award to the second lowest...
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23-2-153
Section 23-2-153 Exemptions from levy, charge, assessment, collection, etc., of certain taxes;
certificate of exemption. (a) The exercise of the powers granted by this article shall be
in all respects for the benefit of the people of the state, for the increase of their commerce
and prosperity, and for the improvement of their health and living conditions. Since the ownership,
operation, and maintenance of toll road, bridge, or tunnel projects by the authority will
constitute the performance of essential functions, the authority, department, and any concessionaire,
or any contractor, subcontractor, or agent thereof, shall not be required to pay the taxes
or assessments as specifically authorized in this section upon any toll road, bridge, or tunnel
project or any property acquired or used by the authority, department, or any concessionaire
under this article. (b) An income, excise, or license tax or assessment may not be levied
upon or collected in the state with respect to any...
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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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41-18-1
Section 41-18-1 Text. Article I. Findings and Purposes. (a) The party states find that the
South has a sense of community based on common social, cultural and economic needs and fostered
by a regional tradition. There are vast potentialities for mutual improvement of each state
in the region by cooperative planning for the development, conservation and efficient utilization
of human and natural resources in a geographic area large enough to afford a high degree of
flexibility in identifying and taking maximum advantage of opportunities for healthy and beneficial
growth. The independence of each state and the special needs of subregions are recognized
and are to be safeguarded. Accordingly, the cooperation resulting from this agreement is intended
to assist the states in meeting their own problems by enhancing their abilities to recognize
and analyze regional opportunities and take account of regional influences in planning and
implementing their public policies. (b) The purposes of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-18-1.htm - 24K - Match Info - Similar pages
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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