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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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-704.htm - 1K - 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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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...
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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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-712.htm - 1K - Match Info - Similar pages
34-11-14
Section 34-11-14 Persons and acts exempt from chapter. This chapter shall not be construed
to prevent or to affect any of the following: (1) The practice of any other legally recognized
profession or trade. (2) The work of an engineer intern or land surveyor intern, employee,
or a subordinate of any person holding a certificate of licensure under this chapter, or any
employee of a person practicing lawfully under paragraph b of subdivision (1) of Section 34-11-4,
provided the work does not include final engineering or land surveying designs or decisions
and is done under the responsible charge of and verified by an individual holding a certificate
of licensure under this chapter. (3) The practice of officers and employees of the government
of the United States while engaged within this state in the practice of engineering or land
surveying for the government. This exception does not extend to any engineer or land surveyor
engaged in the practice of professional engineering or land...
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34-15C-13
may not solicit or accept any gratuity, material favor, or benefit of any substantial nature
from any party, agent, servant, or employee who is not a client or employer in connection
with any project for which the registered interior designer is performing, or has contracted
to perform, interior design services. This solicitation or acceptance includes, but is not
limited to, any act, article, money, or other item which is of such value in proportion to
the interior design services that its acceptance creates a clandestine obligation on the part
of the registered interior designer or otherwise compromises the ability of the registered
interior designer to exercise independent judgment. (c) Notwithstanding subsection (b), a
registered interior designer may receive a fee or commission for the sale or the supervision
of installation of personal property or fixtures, but may not receive both a fee and
a commission without the express consent of the client. (Act 2010-706, p. 1715, §2(b).)...
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40-18-372
Alliance, created by Executive Order Number 21 of the Governor on July 18, 2011, or any amended
version or successor document thereto. g. A type listed in a regulation adopted by the Department
of Commerce, other than a regulation submitted as an emergency rule. Notwithstanding the foregoing,
a qualifying project may not engage predominantly in farming activities involving trees, animals,
or crops, and a qualifying project may not engage predominantly in the retail sale of tangible
personal property or services, and may not be a shopping center, restaurant, movie
theater, bowling alley, fitness center, miniature golf course, nightclub, gaming facility,
or establishment serving the local community. However, if such excluded activities are not
the predominant activity at the project, and if the project is otherwise a qualifying project,
then the project agreement may provide that the capital investment may include costs related
to excluded activities that are ancillary to the...
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45-37-40.02
Section 45-37-40.02 Barber commission. (a) There shall be a barber commission for the county
consisting of three members, one of whom shall be black, herein at times referred to as the
commission. The present members of the commission having been previously appointed by the
county commission, shall serve for the duration of their term, but in the event of a vacancy
existing at the time of taking effect of this section or occurring in the future, the vacancy
shall be filled, and all subsequent members of the commission shall be selected or appointed
in the manner provided in this section for terms of three years. The members of the commission
shall be nominated by the barbers licensed by the commission and only those licensed shall
be eligible to vote for nominees for appointment to the commission. The commission, at all
times, shall be composed of three members, all of whom shall be licensed barbers, who have
been licensed by the commission for a period of five years prior to their...
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34-11-1
of engineering surveys. d. The term does not include functions unique to engineering as specified
by rules of the board, geographic information systems professionals holding certification
from the GIS Certification Institute, or remote sensing professionals holding certifications
from the American Society of Photogrammetry and Remote Sensing or other nationally recognized
accreditation group as determined by the board. e. Nothing herein shall in any way prohibit
mapping, plotting, or locating, or other similar use of GPS, GIS, or other similar data by
those not licensed to practice land surveying, provided the work is not used in the conveyance
of property. (15) RESPONSIBLE CHARGE. Direct control and personal supervision of engineering
work or land surveying work. (Acts 1961, Ex. Sess., No. 79, p. 1976, §2; Acts 1967, No. 739,
p. 1576, §1; Acts 1997, No. 97-683, p. 1332, §1; Act 2002-514, p. 1323, §1; Act 2007-365,
p. 715, §1; Act 2014-375, p. 1390, §1; Act 2018-550, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-11-1.htm - 10K - Match Info - Similar pages
6-5-703
Section 6-5-703 Notification of potentially dangerous conditions. If, prior to or during the
course of construction, a contractor discovers or determines that following the plans and
specifications could result in a potentially dangerous condition, then the contractor shall,
with specificity of such condition, expressly notify the Chief Engineer of the Alabama Department
of Transportation in writing by certified mail, return receipt requested. The Alabama Department
of Transportation, or the awarding authority, shall respond to the specific condition raised
within 14 days in writing as to its decision as to the appropriate response to the dangerous
condition. The contractor shall not be liable for any claim relating to any decision made
by the Alabama Department of Transportation or awarding authority as to the appropriate response,
design decisions, or engineering decision, if any, to respond to the potentially dangerous
condition identified. (Act 2012-225, p. 414, §4.)...
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