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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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23-1-40
Section 23-1-40 Duties and powers generally. (a) It shall be the duty of the Department of
Transportation to designate the roads to be constructed, repaired, and maintained and to construct,
standardize, repair, and maintain roads and bridges of this state; and it shall have authority
to make contracts or agreements to construct or pave the roadway only of the street or streets
which will serve to connect the state highway constructed or repaired by the department within
any municipality in the State of Alabama. (b) In such municipalities in which the Department
of Transportation has not designated the street or streets which are a part of the state highways
constructed or repaired by the department, it shall be the duty of the department to designate
such street or streets. The department may also cooperate or contract with any municipality
or county in the paving or improving of any street or streets, highway or highways, or walkway
or walkways upon which a state educational or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-1-40.htm - 8K - Match Info - Similar pages
23-2-144
Section 23-2-144 Powers of the authority. (a) The authority shall have the following powers:
(1) To adopt bylaws for the regulation of its affairs and the conduct of its business. (2)
To adopt an official seal and alter the same at pleasure. (3) To maintain a principal office
and branch offices at the place or places within the state as it may designate. (4) To sue
and be sued in its own name, including suits in tort. (5) With the consent and approval of
the department, to acquire and construct toll road, bridge, or tunnel projects at locations
as the authority may determine to be desirable, practicable, and economically feasible and
to maintain, repair, and operate the projects. (6) To issue toll road, bridge, or tunnel revenue
bonds of the authority for any of its corporate purposes, payable solely from its tolls, other
revenues, and proceeds of the bonds, and to refund its bonds, all as provided in this article.
No bonds issued under the provisions of this article shall constitute a...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-710.htm - 3K - Match Info - Similar pages
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
6-5-702
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,
ยง3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-702.htm - 1K - Match Info - Similar pages
34-8-1
Section 34-8-1 Definitions. (a) For the purpose of this chapter, a "general contractor"
is defined to be one who, for a fixed price, commission, fee, or wage undertakes to construct
or superintend or engage in the construction, alteration, maintenance, repair, rehabilitation,
remediation, reclamation, or demolition of any building, highway, sewer, structure, site work,
grading, paving or project or any improvement in the State of Alabama where the cost of the
undertaking is fifty thousand dollars ($50,000) or more, shall be deemed and held to have
engaged in the business of general contracting in the State of Alabama. (b) For the purpose
of this chapter, a "general contractor" is defined to include one who, for a fixed
price, commission, fee, or wage exceeding five thousand dollars ($5,000), undertakes to construct,
superintend the construction of, repair, or renovate, any swimming pool, and anyone who shall
engage in the construction, superintending of the construction, repair, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-8-1.htm - 2K - Match Info - Similar pages
45-41-130.03
Section 45-41-130.03 Duties. The county engineer shall have the following duties and authority,
but shall not be limited to such duties: (1) To employ, supervise, and direct all such personnel
and such assistants as are necessary and authorized to properly maintain and construct the
county roads, highways, bridges, and ferries of the county, to have the authority to prescribe
their duties and to discharge employees for cause or when not needed. (2) To perform or have
performed such engineering and surveying services as may be required; and to prepare and maintain
the necessary maps and records. (3) To prepare and present to the county commission on or
before September 15 each year a proposed budget for the county highway department and to maintain
the necessary records to show the expenditures made in constructing and maintaining of the
county highway system. (4) To build or construct new roads, or change old roads, upon the
order of the county commission (5) Insofar as is feasible to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-41-130.03.htm - 2K - Match Info - Similar pages
16-18A-4
Section 16-18A-4 Powers and duties. The purpose of the authority shall be to assist institutions
for higher education in the construction, financing and refinancing of the projects. The exercise
by the authority of the powers conferred by this chapter shall be deemed and held to be the
performance of an essential public function. For the purpose of this chapter, the authority
shall have the powers and duties set forth in this section. (1) To adopt an official seal
and alter the same at its pleasure. (2) To sue and be sued in contract and in tort and to
complain and defend in all courts of law and equity. (3) To maintain an office at such place
or places as it may designate. (4) To determine the location and character of any project
financed under this chapter, to acquire, construct, reconstruct, remodel, maintain, manage,
enlarge, alter, add to, repair, operate, lease as lessee or lessor, sell or otherwise dispose
of, any project in any manner it deems to the best advantage of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-18A-4.htm - 6K - Match Info - Similar pages
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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