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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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-705.htm - 1K - Match Info - Similar pages
6-5-700
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 that the contractor's work on the project
is completed, whichever is earlier. (3) CONTRACTOR. Any person or entity, and any subcontractor,
director, officer, or employee of such a person or entity, that contracts with the State of
Alabama, a county, or other local government to construct, repair, or maintain a highway,
a road, a bridge, or a street. (4) DANGEROUS CONDITION. A condition that is not reasonably
safe for the intended use of the roadway and is capable of causing a person physical injury
or death under the anticipated use of the roadway. (5) SPECIFICATIONS. Specifications, plans,
drawings, bid documents, or any other written or electronically stored requirements and details
the contractor agrees to perform. (Act 2012-225, p. 414, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-700.htm - 2K - Match Info - Similar pages
23-1-40
of participants or best value, or both, as evaluated by procedures of the department and taking
into consideration the best interest of the State of Alabama. (6) Proposals shall use the
standard specifications of the department or other specifications the department determines
necessary for the project. (i) (1) Notwithstanding any law to the contrary, the Department
of Transportation may provide compensation for an uncontested claim not to exceed five thousand
dollars ($5,000) for injury to a person or property or to pay an unpaid vendor invoice
without approval of the State Board of Adjustment where the department determines in justice
and good morals the claim should be paid. Any claim shall be subject to the same statute of
limitations as provided in Section 41-9-65. The department shall develop procedures for the
filing, review, and payment of uncontested claims. Any claim prior to payment shall be approved
by the Director of Transportation or his or her designee. The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-1-40.htm - 8K - Match Info - Similar pages
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
32-5A-89
Section 32-5A-89 Following too closely. (a) The driver of a motor vehicle shall not follow
another more closely than is reasonable and prudent, having due regard for the speed of such
vehicles and the traffic upon and the condition of the highway. Except when overtaking and
passing another vehicle, the driver of a vehicle shall leave a distance of at least 20 feet
for each 10 miles per hour of speed between the vehicle that he or she is driving and the
vehicle that he or she is following. (b) The driver of any truck or motor vehicle drawing
another vehicle of 25 or more feet in length when traveling upon a roadway outside of a business
or residence district and which is following another truck or motor vehicle drawing another
vehicle of 25 or more feet in length shall, whenever conditions permit, leave sufficient space,
at least 300 feet, so that an overtaking vehicle may enter and occupy such space without danger,
except that this shall not prevent a truck or motor vehicle drawing...
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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
34-8-7
Section 34-8-7 Exemptions from chapter; subcontractor requirements. (a) The following shall
be exempted from this chapter: (1) The practice of general contracting, as defined in Section
34-8-1, by an authorized representative or representatives of the United States Government,
State of Alabama, incorporated town, city, or county in this state, which is under the supervision
of a licensed architect or engineer provided any work contracted out by the representative
shall comply with the provisions of this chapter for general contractor. (2) The construction
of any residence or private dwelling. (3) A person, firm, or corporation constructing a building
or other improvements on his, her, or its own property provided that any of the work contracted
out complies with the definition in this chapter for general contractor. A municipal governing
body or municipal regulatory body may not enact any ordinance or law restricting or altering
this exemption. Any municipal ordinance or regulation...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-8-7.htm - 5K - Match Info - Similar pages
9-8A-11
Section 9-8A-11 Agreement to maintain conservation practices; sale of land with respect to
which agreement is in effect. As a condition for receipt of a cost-share grant of allocated
funds for soil and water conservation practices, the eligible person receiving the benefit
of such grant shall agree to maintain those practices for the expected life of the practice
as established by the commission and outlined in the applicable conservation plan. Agreement
to maintain practices for which allocated funds are being paid shall be accomplished by completing
and signing a maintenance agreement. Specific conditions of the maintenance agreement shall
be detailed on a form specified by the commission, and may include provisions for repayment
of cost-share grants. Completion of the form and signature of the eligible person is required
prior to transfer of the payment from the district to the recipient. Agreements to perform
soil and water conservation practices for which allocated funds are being...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-8A-11.htm - 4K - Match Info - Similar pages
35-8A-410
Section 35-8A-410 Escrow of deposits. (a) As used in this section, except as otherwise provided,
the following terms shall have the following meanings: (1) HARD COSTS. Any and all costs associated
with the actual building and construction of the condominium project, including, but not limited
to, site preparation, building materials, shell features, interior enclosures, fit-out costs,
mechanical and electrical systems, and fixtures. The term hard costs does not include financing
costs, compensation paid to architects, engineers, consultants, sales persons, or attorneys
or for advertising or other marketing costs. (2) QUALIFIED PURCHASER. a. An individual, a
group of individuals, or an entity owned directly or indirectly solely by individuals where
each individual shall have an income of more than two hundred thousand dollars ($200,000)
for the calendar year immediately preceding the date of the purchaser's signing of the purchase
contract, or a joint income with his or her spouse of...
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39-2-2
Section 39-2-2 Advertisement for and opening of sealed bids for public works contracts; violations;
exclusions; emergency actions; sole source specification. (a) Before entering into any contract
for a public works involving an amount in excess of fifty thousand dollars ($50,000), the
awarding authority shall advertise for sealed bids, except as provided in subsection (j).
If the awarding authority is the state or a county, or an instrumentality thereof, it shall
advertise for sealed bids at least once each week for three consecutive weeks in a newspaper
of general circulation in the county or counties in which the improvement or some part thereof,
is to be made. If the awarding authority is a municipality, or an instrumentality thereof,
it shall advertise for sealed bids at least once in a newspaper of general circulation published
in the municipality where the awarding authority is located. If no newspaper is published
in the municipality, the awarding authority shall advertise by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/39-2-2.htm - 9K - Match Info - Similar pages
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