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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.)...
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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...
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23-2-144
Except for the state and any political subdivision thereof, the other entities listed above
may issue bonds for the purpose of financing the costs of any funds or property provided to
the authority of a project. (7) To fix and revise, from time to time, charge, and collect
tolls for transit over or through toll road, bridge, and tunnel projects constructed by it
or on its behalf. (8) To establish rules and regulations for the use of any project. (9) To
acquire, hold, and dispose of real and personal property. (10) To acquire in the name
of the authority, by purchase or otherwise, on the terms and conditions and in a manner as
it may deem proper, or by condemnation in accordance with the provisions of Title 18, and
other provisions of law, insofar as the same may be applicable, any land and other property
or any easement or interest therein, which it may determine is reasonably necessary for any
toll road, bridge, or tunnel project or for its protection and preservation, or for the...
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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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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...
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6-5-702
Section 6-5-702 Compliance with contract documents. During the course of construction, a contractor
who constructs, maintains, or repairs a highway, road, street, or bridge for the awarding
authority is not liable to a claimant for personal injury, property damage,
or death arising from the performance of such construction, maintenance, or repair, if, at
the time of the personal injury, property damage, or death, the contractor was
in compliance with contract documents material to the condition, including the traffic control
plan, that was the proximate cause of the personal injury, property damage,
or death unless following the plans and specifications would result in a dangerous condition
that should have appeared to be defective to a reasonably prudent contractor or that the contractor
should have known that following the plans and specifications could create a dangerous condition
that caused the injury or death. (Act 2012-225, p. 414, §3.)...
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34-8-1
Section 34-8-1 Definitions. (a) For the purpose of this chapter, a "general contractor"
is defined to be one who, for a fixed price, commission, fee, or wage undertakes to construct
or superintend or engage in the construction, alteration, maintenance, repair, rehabilitation,
remediation, reclamation, or demolition of any building, highway, sewer, structure, site work,
grading, paving or project or any improvement in the State of Alabama where the cost of the
undertaking is fifty thousand dollars ($50,000) or more, shall be deemed and held to have
engaged in the business of general contracting in the State of Alabama. (b) For the purpose
of this chapter, a "general contractor" is defined to include one who, for a fixed
price, commission, fee, or wage exceeding five thousand dollars ($5,000), undertakes to construct,
superintend the construction of, repair, or renovate, any swimming pool, and anyone who shall
engage in the construction, superintending of the construction, repair, or...
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45-41-130.03
Section 45-41-130.03 Duties. The county engineer shall have the following duties and authority,
but shall not be limited to such duties: (1) To employ, supervise, and direct all such personnel
and such assistants as are necessary and authorized to properly maintain and construct the
county roads, highways, bridges, and ferries of the county, to have the authority to prescribe
their duties and to discharge employees for cause or when not needed. (2) To perform or have
performed such engineering and surveying services as may be required; and to prepare and maintain
the necessary maps and records. (3) To prepare and present to the county commission on or
before September 15 each year a proposed budget for the county highway department and to maintain
the necessary records to show the expenditures made in constructing and maintaining of the
county highway system. (4) To build or construct new roads, or change old roads, upon the
order of the county commission (5) Insofar as is feasible to...
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16-18A-4
Section 16-18A-4 Powers and duties. The purpose of the authority shall be to assist institutions
for higher education in the construction, financing and refinancing of the projects. The exercise
by the authority of the powers conferred by this chapter shall be deemed and held to be the
performance of an essential public function. For the purpose of this chapter, the authority
shall have the powers and duties set forth in this section. (1) To adopt an official seal
and alter the same at its pleasure. (2) To sue and be sued in contract and in tort and to
complain and defend in all courts of law and equity. (3) To maintain an office at such place
or places as it may designate. (4) To determine the location and character of any project
financed under this chapter, to acquire, construct, reconstruct, remodel, maintain, manage,
enlarge, alter, add to, repair, operate, lease as lessee or lessor, sell or otherwise dispose
of, any project in any manner it deems to the best advantage of the...
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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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