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8-29-4
Section 8-29-4 Withholding application and certification for payment; withholding payment;
notice. (a) Nothing in this chapter shall prevent the owner, contractor, or subcontractor
from withholding application and certification for payment for any of the following reasons
if there is a bona fide dispute over one or more of the following: (1) Unsatisfactory job
progress. (2) Defective construction not remedied. (3) Disputed work. (4) Third party claims
filed or reasonable evidence that a claim will be filed. (5) Failure of the contractor, subcontractor,
or sub-subcontractor to make timely payments for labor, equipment, and materials. (6) Property
damage to owner, contractor, or subcontractor. (7) Reasonable evidence that the contract,
subcontract, or sub-subcontract cannot be completed for the unpaid balance of the contract
or contract sum. (b) In the event that there is a bona fide dispute over all or any portion
of the amount due on a progress payment from the owner, contractor, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-29-4.htm - 1K - Match Info - Similar pages
41-16-3
Section 41-16-3 Timely execution of state contracts required. (a) Whenever the State of Alabama
is a party to any contract, the contract shall be executed by all parties in a timely fashion.
When a party to a contract, other than the state, has fully executed the responsibility under
the contract and there remains only the payment of funds by the state, payment shall be made
in a timely manner. If the amount due by the state is not in dispute, payment shall be made
within 30 days after the other party has completed his or her portion of the contract and
presented a proper invoice. If the amount payable is not paid within 30 days, interest on
the amount shall be charged. A party who receives a payment from the state in connection with
a contract shall pay each of its subcontractors or sub-subcontractors the portion of the state's
payment to the extent of that subcontractor's or sub-subcontractor's interest in the state's
payment in accordance with the payment terms agreed to by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-16-3.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
8-29-3
Section 8-29-3 Timely payments to contractors and subcontractors; noncompliance with chapter;
percentage of retainage on payments. (a) When a contractor has performed pursuant to his or
her contract and submits an application or pay request for payment or an invoice for materials,
to the owner or owner's representative, the owner shall timely pay the contractor by mailing
via first class mail or delivering the amount of the pay request or invoice in accordance
with the payment terms agreed to by the owner and the contractor, the agreed upon payment
terms must be specified in all contract documents, but if payment terms are not agreed to,
then within 30 days after receipt of the pay request or invoice. (b) When a subcontractor
has performed pursuant to his or her contract and submits an application or pay request for
payment or an invoice for materials to a contractor in sufficient time to allow the contractor
to include the application, request, or invoice in his or her own pay request...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-29-3.htm - 9K - Match Info - Similar pages
8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages
8-29-6
Section 8-29-6 Civil action. A contractor, subcontractor, or sub-subcontractor may file a civil
action solely against the party contractually obligated for the payment of the amount claimed
to recover the amount due plus the interest accrued in accordance with this chapter. If the
court finds in the civil action that the owner, contractor, or subcontractor has not made
payment in compliance with this chapter, the court shall award the interest specified in this
chapter in addition to the amount due. In any such civil action, the party in whose favor
a judgement is rendered shall be entitled to recover payment of reasonable attorneys' fees,
court costs and reasonable expenses from the other party. (Acts 1995, No. 95-380, p. 775,
ยง6.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-29-6.htm - 1K - Match Info - Similar pages
35-11-210
Section 35-11-210 Lien declared. Every mechanic, person, firm, or corporation who shall do
or perform any work, or labor upon, or furnish any material, fixture, engine, boiler, waste
disposal services and equipment, or machinery for any building or improvement on land, or
for repairing, altering, or beautifying the same, under or by virtue of any contract with
the owner or proprietor thereof, or his or her agent, architect, trustee, contractor, or subcontractor,
upon complying with the provisions of this division, shall have a lien therefor on such building
or improvements and on the land on which the same is situated, to the extent in ownership
of all the right, title, and interest therein of the owner or proprietor, and to the extent
in area of the entire lot or parcel of land in a city or town; or, if not in a city or town,
of one acre in addition to the land upon which the building or improvement is situated; or,
if employees of the contractor or persons furnishing material to him...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-11-210.htm - 3K - Match Info - Similar pages
13A-9-150
Section 13A-9-150 Public assistance fraud; penalties. (a) For the purposes of this section,
public assistance means money or property provided directly or indirectly to eligible persons
through programs of the federal government, the state, or any political subdivision thereof,
including any program administered by a public housing authority. (b) It shall be unlawful
for an individual or business entity to knowingly do any of the following: (1) Fail, by false
statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material
fact used in making a determination as to the qualification of the person to receive public
assistance. (2) Fail to disclose a change in circumstances in order to obtain or continue
to receive any public assistance to which he or she is not entitled or in an amount larger
than that to which he or she is entitled. (3) Aid and abet another person in the commission
of the prohibitions enumerated in subdivisions (1) and (2). (4) Use,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-9-150.htm - 12K - Match Info - Similar pages
9-17-23
Section 9-17-23 Owners not to allow wells to get out of control, etc.; rights of board upon
failure of owners to control wells; powers, etc., of board to secure payment by owners of
costs and expenses of controlling or plugging wells. In order to protect further the natural
gas fields and oil fields in this state, it is hereby declared to be unlawful for any owner
to allow a well to go wild or to get out of control. The owner of any such well shall, after
24 hours written notice by the board given to him or to the person in possession of such well,
make reasonable effort to control such well. In the event of the failure of the owner of such
well within 24 hours after service of the notice above provided for to control the same, if
such can be done within the period, or to begin in good faith, upon service of such notice,
operations to control such well or upon failure to prosecute diligently such operations, then
the board shall have the right to take charge of the work of controlling...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-17-23.htm - 2K - Match Info - Similar pages
41-5A-6
Section 41-5A-6 Chief examiner - Recovery audits for overpayments of state funds. (a) For the
purposes of this section, the following words have the following meanings: (1) CHIEF EXAMINER.
The Chief Examiner of Public Accounts. (2) OVERPAYMENT. Any payment in excess of amounts due
and includes failure to meet eligibility requirements, failure to identify third party liability
where applicable, any payment for an ineligible good or service, any payment for a good or
service not received, duplicate payments, invoice and pricing errors, failure to apply discounts,
rebates, or other allowances, failure to comply with contracts or purchasing agreements, or
both, failure to provide adequate documentation or necessary signatures, or both, on documents,
or any other inadvertent error resulting in overpayment. (3) RECOVERY AUDIT. A financial management
technique used to identify overpayments made by a state agency with respect to individuals,
vendors, service providers, and other entities in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-5A-6.htm - 8K - Match Info - Similar pages
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