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6-5-706
Section 6-5-706 Improper maintenance following conclusion of project. A contractor shall bear
no civil liability to a claimant for personal injury, property damage, or death
which occurs subsequent to the conclusion of the project where the proximate cause of the
personal injury, property damage, or death is occasioned by a failure of the
awarding authority to properly maintain the roadway or any of its features, including shoulders,
unless either: (1) A contractor contracts in whole or in part with the awarding authority
to maintain the roadway, or any of its features, including shoulders, or project in question.
(2) The contractor undertakes, independent of a contract, to maintain a roadway or any of
its features, including shoulders. (Act 2012-225, p. 414, §7.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-706.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
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
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
16-13B-7
the defaulting bidder and make an award to the second lowest responsible bidder for the remainder
of the award period without rebidding, provided the award to the second lowest responsible
bidder is in all respects made under the terms and conditions contained in the original bid
specifications and is for the same or a lower price than the bid originally submitted to the
awarding authority by the second lowest responsible bidder. (b) The awarding authority in
the purchase of or contract for personal property or contractual services shall give
preference, provided there is no sacrifice or loss in price or quality, to commodities produced
in Alabama or sold by Alabama persons, firms, or corporations. Notwithstanding the foregoing,
no county or city board of education may specify the purchase of goods or services from a
sole source, unless: (1) The board of education can document that the sole source product
or service is of an indispensable nature, no other product or service can meet...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-13B-7.htm - 4K - Match Info - Similar pages
41-16-57
it has been determined that only these goods or services will fulfill the function for which
the product is needed. Frivolous features will not be considered. (2) No other vendor offers
substantially equivalent goods or services that can accomplish the purpose for which the goods
or services are required. (3) All information substantiating the use of a sole source specification
is documented in writing and is filed into the project file. (c)(1) Beginning January 1, 2009,
for purchases of personal property, including on or after June 9, 2011, goods which
are, or are to become, fixtures, in instances where the awarding authority determines that
the total cost of ownership over the expected life of the item or items, including acquisition
costs plus sustaining costs or life cycle costs, can be reasonably ascertained from industry
recognized and accepted sources, the lowest responsible bid may be determined to be the bid
offering the lowest life cycle costs and otherwise meeting all of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-16-57.htm - 5K - Match Info - Similar pages
23-2-153
the recording or filing for record of any mortgage, deed, or other instrument evidencing a
conveyance to or the creation of any property interest in the authority or the department,
any agreement or instrument to which the authority or the department is a party, or any mortgage,
deed, or other instrument evidencing a conveyance from the authority or the department to
another party or the creation by the authority or the department of any property interest
in another party. (e) Any tangible personal property that will become a permanent part
of a project constructed by the authority, department, or any concessionaire, or any contractor,
subcontractor, or agent thereof, shall be exempt from taxation and assessment, including sales
or use taxes. However, any concessionaire, or contractor, subcontractor, or agent thereof,
seeking an exemption of county or municipal sales or use taxes for itself or its contractors,
subcontractors, or agents, under the authority granted in this subsection,...
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40-9-14.1
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 Contractors, or any subcontractor working
under the same contract, for the purchase of building materials, construction materials and
supplies, and other tangible personal property that becomes part of the structure that
is the subject of a written contract for the construction of a building or other project,
not to include any contract for the construction of any highway, road, or bridge, for and
on behalf of a governmental entity which is exempt from the payment of sales and use taxes.
(c) The use of a certificate of exemption for the purchase of tangible personal property
pursuant to this section shall include only tangible personal property that becomes...
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41-18-1
or grant accepted by the board pursuant to this paragraph or services borrowed pursuant to
paragraph (g) of this article shall be reported in the annual report of the board. Such report
shall include the nature, amount and conditions if any, of the donation, grant or services
borrowed and the identity of the donor or lender. (i) The board may establish and maintain
such facilities as may be necessary for the transacting of its business. The board may acquire,
hold and convey real and personal property and any interest therein. (j) The board
shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind
these bylaws. The board shall publish its bylaws in convenient form and shall file a copy
thereof and a copy of any amendment thereto with the appropriate agency or officer in each
of the party states. (k) The board annually shall make to the governor and legislature of
each party state a report covering the activities of the board for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-18-1.htm - 24K - 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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