Code of Alabama

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33-18-1
of the ACT Basin, and to share this information among the commission members and with others;
(10) To cooperate with appropriate state, federal, and local agencies or any other person
in the development, ownership, sponsorship, and operation of water resource facilities in
the ACT Basin; provided, however, that the commission shall not own or operate a federally-owned
water resource facility unless authorized by the United States Congress; (11) To acquire,
receive, hold and convey such personal and real property as may be necessary for the
performance of its duties under the compact; provided, however, that nothing in this compact
shall be construed as granting the ACT Basin Commission authority to issue bonds or to exercise
any right of eminent domain or power of condemnation; (12) To establish and modify an allocation
formula for apportioning the surface waters of the ACT Basin among the States of Alabama and
Georgia; and (13) To perform all functions required of it by this...
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33-19-1
of the ACF Basin, and to share this information among the commission members and with others;
(10) To cooperate with appropriate state, federal, and local agencies or any other person
in the development, ownership, sponsorship, and operation of water resource facilities in
the ACF Basin; provided, however, that the commission shall not own or operate a federally-owned
water resource facility unless authorized by the United States Congress; (11) To acquire,
receive, hold and convey such personal and real property as may be necessary for the
performance of its duties under the compact; provided, however, that nothing in this compact
shall be construed as granting the ACF Basin Commission authority to issue bonds or to exercise
any right of eminent domain or power of condemnation; (12) To establish and modify an allocation
formula for apportioning the surface waters of the ACF Basin among the States of Alabama,
Florida and Georgia; and (13) To perform all functions required of it by...
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39-1-1
Section 39-1-1 Bonds required of persons contracting for public works; commencement, etc.,
of actions upon bond by persons supplying labor, etc., to contractor; offer to accept judgment;
notice of completion of project by contractor and final settlement; applicability. (a) Any
person entering into a contract with an awarding authority in this state for the prosecution
of any public works shall, before commencing the work, execute a performance bond, with penalty
equal to 100 percent of the amount of the contract price. In addition, another bond, payable
to the awarding authority letting the contract, shall be executed in an amount not less than
50 percent of the contract price, with the obligation that the contractor or contractors shall
promptly make payments to all persons supplying labor, materials, or supplies for or in the
prosecution of the work provided in the contract and for the payment of reasonable attorneys'
fees incurred by successful claimants or plaintiffs in civil...
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6-5-701
Section 6-5-701 Reliance upon specifications. A contractor is justified ordinarily in relying
upon the specifications that are contained in the contract with an awarding authority. No
contractor shall be held civilly liable for work performed on a highway, road, bridge, or
street including repairs, construction, or maintenance on behalf of the awarding authority
unless it is shown by a preponderance of the evidence that physical injury, property
damage, or death is proximately caused by any of the following: (1) A failure by the contractor
to follow the plans and specifications resulting in a dangerous condition. (2) The contractor's
performance of the contract in compliance with the plans and specifications creates a condition
that should have appeared, to a reasonably prudent contractor, to be a dangerous condition.
(3) A latent defect which creates a dangerous condition that is the result of the work of
the contractor. (Act 2012-225, p. 414, §2.)...
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39-3-1
Section 39-3-1 Contracts for public works project financed entirely by state or subdivisions
thereof to provide for use of domestic products if available, etc.; penalty. (a) The awarding
authority contracting for a public works project to be financed entirely by the State of Alabama
or any political subdivision of the state, shall stipulate or cause to be stipulated in the
contract a provision whereby the person, firm, or corporation undertaking the project agrees
to use in the execution of the contract materials, supplies, and products manufactured, mined,
processed, or otherwise produced in the United States or its territories, if the same are
available at reasonable and competitive prices and are not contrary to any sole source specification
implemented under subsection (f) of Section 39-2-2. (b) In the event the contractor breaches
the agreement to use domestic products, and domestic products are not used, there shall be
a downward adjustment in the contract price equal to any...
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23-1-2
Section 23-1-2 Bid guaranty. Any other provisions of the law to the contrary notwithstanding,
bidders for contract projects which contracts are with the State of Alabama, in behalf of
the Department of Transportation, to be paid, in whole or in part, from funds allocated to
the Department of Transportation from any source whatsoever, or where contracts are with any
of the several counties of the state for a highway, road, street, or bridge project, to be
paid for, in whole or in part, from funds allocated to the county from any source whatsoever,
shall be required to file with the bid, as a bid guaranty, a certified check or bid bond payable
to the awarding authority as follows: (1) A certified check payable to the awarding authority
for an amount not less than five percent of the contractor's bid, but in no event more than
fifty thousand dollars ($50,000); or (2) A bid bond payable to the awarding authority in an
amount not less than five percent of the bid, but in no event more than...
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39-3-4
Section 39-3-4 Contractors for public works project financed entirely by state or subdivisions
thereof to use steel produced in United States; penalty. (a) Any contractor for a public works
project, financed entirely by the State of Alabama or any political subdivision thereof, within
this state shall use steel produced within the United States when specifications in the construction
contract require the use of steel and do not limit its supply to a sole source under subsection
(f) of Section 39-2-2. If the awarding authority decides that the procurement of the above
mentioned domestic steel products becomes impractical as a result of a national emergency,
national strike, or other cause, the awarding authority shall waive the above restriction.
(b) In the event the contractor violates the domestic steel requirements of subsection (a),
and domestic steel is not used, there shall be a downward adjustment in the contract price
equal to any realized savings or benefits to the contractor....
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6-5-711
Section 6-5-711 Exemption from civil liability for certain professional firms and employees
providing construction monitoring services. The provisions of Section 34-11-9(a)(3) notwithstanding,
neither a professional firm nor any of its employees that provide construction monitoring
services on behalf of an awarding authority relating to the construction, repair, resurfacing,
refurbishment, replacement, removal, modification, alteration, or other improvement of any
public or private infrastructure shall be civilly liable in tort or otherwise for property
damage, personal injury, or death resulting from construction monitoring services
that substantially comply with the professional firm's construction monitoring services requirements
for the awarding authority related to the plans and specifications in determining compliance
of the contractor's work with the plans and specifications. (Act 2013-401, p. 1538, §2.)...

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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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39-2-4
Section 39-2-4 Filing of guaranties by bidders; prequalification procedures and criteria; responsibility
of prequalified bidders; revocation of prequalification; rejection of bidder. (a) The bidder
shall be required to file with his or her bid either a cashier's check drawn on an Alabama
bank or a bid bond executed by a surety company duly authorized and qualified to make such
bonds in the State of Alabama, payable to the awarding authority for an amount not less than
five percent of the awarding authority's estimated cost or of the contractor's bid, but in
no event more than ten thousand dollars ($10,000), except if the awarding authority is the
Department of Transportation, then the bid guarantee shall not be more than fifty thousand
dollars ($50,000). The bid guaranties as provided in this section shall constitute all of
the qualifications or guaranty to be required of contractors as prerequisites to bidding for
public works, except as required by the State Licensing Board for...
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