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6-5-218
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 commenced
by direct action or for contribution or indemnity or by third-party...
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6-5-221
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 caused by any such defect or deficiency;
or (iii) Injury to or wrongful death of a person caused by any such defect or deficiency;
shall be commenced within two years next after a cause of action accrues or arises, and not
thereafter. Notwithstanding the foregoing, no relief can be granted on any cause of action
which accrues or would have accrued more than seven years after the substantial completion
of construction of the improvement on or to the real property, and any right...
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40-27-1
a tax measured in any way by the capital of a corporation considered in its entirety. 6. "Gross
receipts tax" means a tax, other than a sales tax, which is imposed on or measured by
the gross volume of business, in terms of gross receipts or in other terms, and in the determination
of which no deduction is allowed which would constitute the tax an income tax. 7. "Sales
tax" means a tax imposed with respect to the transfer for a consideration of ownership,
possession or custody of tangible personal property or the rendering of services measured
by the price of the tangible personal property transferred or services rendered and
which is required by state or local law to be separately stated from the sales price by the
seller, or which is customarily separately stated from the sales price, but does not include
a tax imposed exclusively on the sale of a specifically identified commodity or article or
class of commodities or articles. 8. "Use tax" means a nonrecurring tax, other than
a...
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6-5-225
exposure to liabilities for injuries and damages occurring long after the completion of their
professional architectural and engineering services and builders as defined from exposure
to liabilities for injuries and damages occurring long after the completion of their work,
the article imposes no unfair burden on the injured party for he or she is still afforded
an avenue of legal action to seek redress from those who are more likely to have been responsible
for or could have prevented such injury. (c) It is the legislative intent and purpose
to establish a single period of limitation for all civil actions, whether in tort, contract,
or otherwise, commenced against architects and engineers and builders, which limitation period
is two years from the date the cause of action accrues. This limitation period is equally
applicable to actions in tort which currently must be commenced within two years from the
date injury occurs, and those founded on contract which currently may be commenced...
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40-29-22
the existence of such lien. (2) MOTOR VEHICLES. With respect to a motor vehicle (as defined
in subsection (g)(3)), as against a purchaser of such motor vehicle, if: a. At the time of
the purchase such purchaser did not have actual notice or knowledge of the existence of such
lien; and b. Before the purchaser obtains such notice or knowledge, he has acquired possession
of such motor vehicle and has not thereafter relinquished possession of such motor vehicle
to the seller or his agent. (3) PERSONAL PROPERTY PURCHASED AT RETAIL. With respect
to tangible personal property purchased at retail, as against a purchaser in the ordinary
course of the seller's trade or business, unless at the time of such purchase such purchaser
intends such purchase to (or knows such purchase will) hinder, evade, or defeat the collection
of any tax under this title. (4) PERSONAL PROPERTY PURCHASED IN CASUAL SALE. With respect
to household goods, personal effects, or other tangible personal property purchased...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-29-22.htm - 17K - Match Info - Similar pages
6-5-227
Section 6-5-227 Causes of action for breach of written express warranty, contract, or indemnity
against architects, engineers, and builders. Nothing contained in this article shall be construed
to bar, prior to the expiration of a written express warranty, contract, or indemnity, causes
of action or rights of action in contract against architects, engineers, and builders as defined
in this article arising out of breach of contract for written express warranties, contracts,
or indemnities which by the written terms thereof shall extend beyond the period of seven
years after the substantial completion of construction of an improvement on or to the real
property. Any written express warranty, contract, or indemnity for the purposes of an action
in contract based upon the written express warranty, contract, or indemnity shall be enforceable
for the period of time specified in writing, and all civil actions in contract arising out
of the written express warranty, contract, or indemnity...
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6-5-220
acting under the instruction, control, or supervision of the registered engineer. (d) SUBSTANTIAL
COMPLETION OF CONSTRUCTION OR CONSTRUCTION OF IMPROVEMENT. The time at which the construction
of the improvement on or to real estate is sufficiently completed so that the owner, tenant,
or other person can occupy or utilize the improvement, or a designated portion thereof, for
the use for which it is intended. (e) CAUSE OF ACTION ACCRUES OR ARISES. The time when a person
is injured, including injury which results in death, or when property is damaged as
a proximate result of a defect or deficiency in design, planning, testing, supervision, administration,
or observation of construction of an improvement by an architect or engineer or in the construction
of an improvement on or to real estate, constructed, performed, or managed by a builder; or
where the damage or injury either is latent or by its nature is not discoverable in
the exercise of reasonable diligence at the time of its...
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4-3-47
perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its own
name in civil actions, excepting actions in tort against the authority; (3) To adopt and make
use of a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws for
the regulation and conduct of its affairs and business; (5) To acquire, receive, take and
hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties
and whether within or without the corporate limits of any authorizing subdivision, and to
manage said property and to develop any property and to sell, exchange, lease or grant an
option to purchase any property (whether developed or undeveloped) owned, leased or controlled
by it; (6) To make, enter into, execute and perform such contracts, agreements, leases and
other instruments and to take such other action as may be necessary or convenient to...
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37-6-3
pledge, or otherwise dispose of or encumber electric transmission and distribution lines or
systems, electric generating plants, electric refrigeration plants, water lines, sanitary
sewer lines, water systems, and sanitary sewer systems, television reception equipment through
the use of television program decryption equipment and subscriber owned, leased, or rented
satellite dishes, lands, buildings, structures, dams, plants, and equipment and any and all
kinds and classes of real or personal property whatsoever, which shall be deemed necessary,
convenient or appropriate to accomplish the purpose for which the cooperative was organized
or in which it subsequently lawfully engages. Electric generating plants, transmission, and
distribution lines or systems as referred to in this section shall include any arrangement
or agreement for the purchase, exchange, or transmission of electric power, capacity or energy,
whether sole or as joint owner of all or any part in common with one...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-6-3.htm - 19K - Match Info - Similar pages
37-11A-1
by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies
the compact. Article III. For purposes of this compact, the following terms shall have the
following meanings: (1) Person means an individual, a corporation, a partnership, or any other
entity. (2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part
I of the Interstate Commerce Act [codified as 49 U.S.C. ยง1(3)]. (3) Railroad properties and
facilities mean any real or personal property or interest in property which is owned,
leased, or otherwise controlled by a railroad or other person, including, without limitation,
the authority, and which are used or are useful in rail transportation service, including,
without limiting the generality of the foregoing: a. Track, roadbed, and related structures,
including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles,
culverts, elevated structures, stations, office buildings used for operating...
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