|
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-711.htm - 1K - Match Info - Similar pages
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
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-710.htm - 3K - Match Info - Similar pages
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
41-10-541
such obligations, and which meet the greater of 100% collateralization or the "AA"
collateral levels established by Standard & Poor's Rating Group for structured financings;
and h. Uncollateralized investment agreements with, or certificates of deposit issued by banks
or bank holding companies, the senior long-term securities of which are rated at least "AA"
by Standard & Poor's Rating Group and at least "Aa" by Moody's Investors Service.
(11) FINANCED PROPERTY. All property whether real, personal, or mixed, the costs of
which were or are to be paid or reimbursed in whole or in part with the proceeds of bonds
of the authority or the proceeds of authority-guaranteed obligations. (12) FINANCING AGREEMENT.
Any loan, lease, agreement, grant agreement, financing agreement, credit agreement, security
agreement, mortgage, indenture, guaranty agreement, or other type of agreement entered into
by the authority in connection with the incurring of authority obligations. (13) FUNDING AGREEMENT....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-10-541.htm - 13K - Match Info - Similar pages
34-11-9
Section 34-11-9 Practice by firms. (a)(1) A firm that practices or offers to practice engineering
or land surveying is required to obtain a certificate of authorization from the board in accordance
with rules adopted by the board. (2) An entity that performs engineering services or land
surveying services for itself, or for a parent or subsidiary, is not required to have a certificate
of authorization. (3) A firm may not be relieved of responsibility for the conduct or acts
of its agents, employees, officers, or partners by reason of its compliance with this section.
An individual practicing engineering or land surveying under this chapter is not relieved
of responsibility for engineering or land surveying services performed by reason of employment
or other relationship with a firm holding a certificate of authorization. (4) The Secretary
of State may not accept organizational papers nor issue a certificate of incorporation, organization,
licensure, or authorization to any firm that...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-11-9.htm - 7K - 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
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
41-10-652
state pursuant to any federal tobacco-related settlement, any tobacco-related appropriations
made by the United States Congress to the State of Alabama, and any revenues received by the
state as a result of litigation against any tobacco-related industry, which revenues will
be deposited in the special fund pursuant to Division 1. (9) PROJECT shall mean all land,
buildings, equipment, and other improvements constituting the manufacturing facility and the
training facility, and all real and personal properties being necessary or useful in
connection therewith. (10) PROJECT COSTS shall mean all costs and expenses incurred by the
authority or any person in connection with the acquisition, construction, installation and
equipping of any part of the project, including without limitation, any of the following:
a. The direct costs of acquiring, constructing, installing, and equipping any part of the
project, including building materials, equipment, labor costs, and payments to contractors,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-10-652.htm - 6K - Match Info - Similar pages
41-10-672
corporation, a municipality, a county, or an agency, department, or instrumentality of the
state or of a county or municipality. (16) PLEDGED REVENUES shall mean those tobacco revenues
which are required by the Enabling Act to be retained in the special fund and have been irrevocably
pledged and appropriated for the payment of the bonds. (17) PROJECTS shall mean all land,
buildings, equipment, and other improvements constituting the facilities and the training
facilities, and all real and personal properties being necessary or useful in connection
therewith. (18) PROJECT COSTS shall mean all costs and expenses incurred by the authority
or any person in connection with the acquisition, construction, installation, and equipping
of any part of the projects, including without limitation, any of the following: a. The direct
costs of acquiring, constructing, installing, and equipping any part of the projects, including
building materials, equipment, labor costs, and payments to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-10-672.htm - 7K - Match Info - Similar pages
|