Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Chapter 1 - General Provisions.
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 Settl... - (a) Any person entering into a contract with an awarding...
Section 39-1-2 - Inspection of Asphalt Plant Prerequisite to Eligibility to Bid on Asphalt Plant Mix to Be Sold to State. - All persons, to be eligible to bid on asphalt plant...
Section 39-1-3 - Reimbursement Allowed for Additional Taxes Incurred Due to Increase in Tax Rate During Performance of Contract. - Any contractor performing a public works contract in which any...
Section 39-1-4 - Selection of Surety Company, etc.; Approval of Bonds, Etc. - (a) No officer or employee of an awarding authority and...
Section 39-1-5 - Applicability. - Notwithstanding any other laws to the contrary, this title shall...
Chapter 2 - Letting, Execution, and Administration of Public Improvements Contracts by State Agencies Generally.
Section 39-2-1 - Definitions. - As used in this title, the following words shall have...
Section 39-2-2 - Advertisement for and Opening of Sealed Bids for Public Works Contracts; Violations; Exclusions; Emergency Actions; Sole Source Specification. - (a)(1) Before entering into any contract for a public works...
Section 39-2-3 - Fees to Be Paid Department of Transportation for Proposals, Plans, and Specifications; Deposit for Bid Documents; Furnishing of Plans and Specifications to Building Exchanges, Etc. - (a) For contracts let by the Department of Transportation, proposals...
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...
Section 39-2-5 - Return of Proposal Guaranties to Bidders Generally; Disposition of Proposal Guaranty When Award Not Made Within 30 Days of Opening of Proposals. - All bid guaranties, except those of the three lowest bona...
Section 39-2-6 - Award of Contract; Powers of Awarding Authority; Availability of Plans, etc.; Disqualifying Activities; Life Cycle Costs. - (a) The contract shall be awarded to the lowest responsible...
Section 39-2-7 - Effect of Errors and Discrepancies of Prices in Bids. - In case of error in the extension of prices in...
Section 39-2-8 - Execution of Contracts and Furnishing of Performance Bonds, etc., Generally by Bidders Awarded Contracts. - The bidder to whom the award is made shall, when...
Section 39-2-9 - Approval of Bonds, etc., and Completion of Execution of Contracts by Awarding Authorities. - The awarding authority shall approve the contractor's bonds meeting the...
Section 39-2-10 - Issuance of Proceed Orders by Awarding Authorities, Etc. - A proceed order shall be issued by the awarding authority...
Section 39-2-11 - Proceedings Upon Failure of Successful Bidders to Execute Contracts and Furnish Bonds, etc.; Death of a Low Bidder; Effect of Failure of Awarding Authorities to Complete Execution of Contracts and Issue Proceed Orders; Withdrawal of... - (a) Should the successful bidder or bidders to whom a...
Section 39-2-12 - Partial and Final Payments of Contractors by Awarding Authorities. - (a) As used in this section the following words shall...
Section 39-2-13 - Promulgation of Rules and Regulations by Awarding Authorities. - For the purpose of carrying into effect the terms of...
Section 39-2-14 - Registration of Out-of-State Contractors Required; Deposit; Surety Bond. - (a) Every nonresident contractor, as defined in Section 39-2-12 shall...
Chapter 3 - Use of Domestic Products and Resident Workmen for Public Works, Improvements, Etc.
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...
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...
Section 39-3-5 - Preference to Resident Contractors in Letting of Certain Public Contracts. - (a) In the letting of public contracts in which any...
Chapter 5 - Actions or Proceedings Upon Public Works or Improvements Contracts Improperly Let or Executed.
Section 39-5-1 - Contracts Let in Violation of Law Unenforceable; Certificate of Compliance; Rebuttable Presumption of Compliance. - (a) No civil action shall be brought or maintained by...
Section 39-5-2 - Issuance of False or Fraudulent Certificate of Compliance. - Any awarding authority or its agents issuing a willfully false...
Section 39-5-3 - Actions to Recover Funds Received Under Such Contracts. - An action shall be brought by the Attorney General or...
Section 39-5-4 - Actions to Enjoin Letting or Execution of Such Contracts or Payment of Public Funds Thereunder. - The Attorney General, a bona fide unsuccessful or disqualified bidder,...
Section 39-5-5 - Persons Entering Into Contracts for Public Works Presumed to Have Notice of Title. - All persons or parties entering into contracts or agreements with...
Section 39-5-6 - Provisions of Title Mandatory; Construction and Application of Title. - The provisions of this title are mandatory, and shall be...
Chapter 6 - Construction of Public Buildings With Radioactive Fallout Protection.
Section 39-6-1 - Radioactive Fallout Protection to Be Incorporated in Planning and Construction of Certain State Funded Public Buildings or Structures; Powers and Duties of State Building Commission as to Certification of Planning or Construction of... - (a) Wherever used in this section, unless a different meaning...
Section 39-6-2 - Requirement of Radioactive Fallout Protection in New Public Buildings or Structures and Additions by Municipal Governing Bodies and County Commissions; Provisions of Section Cumulative. - (a) Each municipal governing body and county commission in this...
Chapter 7 - Improvement Authorities.
Section 39-7-1 - Definitions. - When used in this chapter, the following terms shall have...
Section 39-7-2 - Authorization for Incorporation Generally. - The citizens of any city or town in the State...
Section 39-7-3 - Filing of Petition for Election as to Incorporation. - A petition, in the form and executed as provided in...
Section 39-7-4 - Form and Verification of Petition. - (a) The petition shall be in substantially the following form:...
Section 39-7-5 - Summary Proceedings for Review, etc., of Sufficiency of Petition. - The probate or circuit court or any judge thereof within...
Section 39-7-6 - Publication of Notice of Filing of Petition and of Question to Be Submitted to Voters at Election. - The clerk or probate judge shall give notice of the...
Section 39-7-7 - Submission of Question Proposed by Petition to Voters at General Election. - If the petition shall have been filed with the clerk...
Section 39-7-8 - Holding of Special Election for Submission of Question to Voters; Provisions of Law Governing Conduct of Such Elections; Payment of Expenses of Elections. - If a petition shall not have been filed or, in...
Section 39-7-9 - Contents and Form of Election Ballot. - The question set forth in the petition shall be printed...
Section 39-7-10 - Adoption of Resolution Setting Forth Question Submitted and Votes Cast; Declaration of Incorporation of Improvement Authority. - At the regular meeting of the governing body of the...
Section 39-7-11 - When Authority Deemed Incorporated; Transmission of Certified Copy of Resolution, etc., to Secretary of State; Secretary of State to Furnish Statement of Names, etc., of Authorities Incorporated to Department of Finance; Publication... - The citizens of the State of Alabama who are inhabitants...
Section 39-7-12 - Authority to Be Public Corporation; Exercise of Powers of Authority. - (a) Each authority incorporated under this chapter shall be a...
Section 39-7-13 - Purpose and Powers of Authority Generally; Sale, Transfer and Conveyance of Entire Water System to Public Corporation Authorized to Conduct Business of Water Distribution System. - (a) An authority shall be incorporated for the purpose of...
Section 39-7-14 - Board of Trustees of Authority - Composition; Appointment, Removal and Terms of Office of Members; Vacancies. - (a) Each improvement authority shall have a board of trustees...
Section 39-7-15 - Board of Trustees of Authority - Members Not to Hold Public Office Under Municipality. - The members of the board shall not hold any public...
Section 39-7-16 - Board of Trustees of Authority - Organization Meeting; Selection of Officers. - Promptly after their appointment the members of the board shall...
Section 39-7-17 - Board of Trustees of Authority - Compensation; Delegation of Powers and Duties to Employees, Etc. - Each member of the board shall receive for his or...
Section 39-7-18 - Board of Trustees of Authority - Powers Generally. - The board of trustees shall have power to do all...
Section 39-7-19 - Transfer of Supervision, Possession, Control, etc., of Property, Rights, Books, Papers, etc., of Plant or System Owned by Municipality to Authority Generally; Continuation in Effect of Provisions of Law as to Powers and Duties of Mu... - Jurisdiction, supervision, possession and control of all property, real and...
Section 39-7-20 - Transfer of Municipal Officers and Employees to Authority. - Officers and employees of any board, commission or department in...
Section 39-7-21 - Obligations of Contracts of Municipality Not to Be Impaired; Payment of Notes, Bonds or Other Obligations Issued by Municipality; Assumption of Municipal Contracts as to Plant or System by Authority. - The obligations of contracts of the municipality shall not be...
Section 39-7-22 - Powers Generally; Consent of Department of Finance Required for Issuance or Sale of Bonds or Other Evidence of Indebtedness by Authority. - (a) Subject only to the Constitution of the State of...
Section 39-7-23 - Authorization for Issuance of Bonds by Authority; Terms, Denominations, Sale, Redemption, etc., of Bonds; Issuance of Interim Receipts, Certificates, Etc. - Bonds of an authority shall be authorized by resolution of...
Section 39-7-24 - Liability on Bonds and Other Obligations of Authority. - The bonds and other obligations of an authority incorporated under...
Section 39-7-25 - Rights and Remedies of Bondholders. - In addition to all other rights and all other remedies...
Section 39-7-26 - Pledge as to Alteration, Impairment, etc., of Certain Rights and Powers of Authorities and Rights and Remedies of Bondholders by State. - The State of Alabama does hereby pledge to and agree...
Section 39-7-27 - Disposition of Moneys of Authority. - All moneys of an authority incorporated under this chapter from...
Section 39-7-28 - Examinations of Accounts and Books of Authority; Copy of Examination to Be Furnished to Board of Trustees; Publication of Statement and Analysis of Financial Standing of Authority; Special Audit and Examination of Books and Accounts... - The municipality or, in case of an unincorporated area in...
Section 39-7-29 - Authorization and Procedure for Enlarging of Services Furnished by Authority. - The authority shall not include in an enterprise in which...
Section 39-7-30 - Authorization and Procedure for Diminishing of Services Furnished by Authority. - The services of the authority shall not be diminished so...
Section 39-7-31 - Limitation as to Number of Special Elections for Incorporating Authority or Enlarging or Diminishing Services Furnished by Authority. - Not more than one special election shall be held in...
Section 39-7-32 - Furnishing of Services Outside Boundaries of Municipality by Authority. - No improvement authority incorporated under this chapter shall furnish any...
Section 39-7-33 - Purpose of Chapter; Chapter Exclusive as to Franchises, Licenses, Permits, etc., for Authorities. - (a) This chapter is intended to aid the state in...
Section 39-7-34 - Provisions of Chapter Exclusive as to Matters Covered by Chapter. - Any authority incorporated under this chapter insofar as the subject...
Chapter 8 - Fair and Open Competition in Governmental Construction Act.
Section 39-8-1 - Short Title. - This chapter shall be known and may be cited as...
Section 39-8-2 - Legislative Findings. - The Legislature finds and declares that this chapter shall do...
Section 39-8-3 - Definitions. - As used in this chapter, the following words shall have...
Section 39-8-4 - Certain Contract Terms Prohibited. - A public agency awarding any contract for the construction, repair,...
Section 39-8-5 - Certain Awards Prohibited. - A public agency shall not award a grant, tax abatement,...
Section 39-8-6 - Use of Certain Terms in Documents. - A public agency or a construction manager or other contracting...
Section 39-8-7 - Exemptions. - The head of a public agency may exempt a particular...
Section 39-8-8 - Applicability of Chapter. - (a) The requirements of this chapter shall not apply to...
Chapter 9 - Indemnification Provisions in Public Works Contracts Prohibited.
Section 39-9-1 - Legislative Findings. - The Legislature finds that it is in the best interest...
Section 39-9-2 - Definitions. - As used in this chapter, the following words have the...
Section 39-9-3 - Certain Indemnification Requirements Unenforceable. - A road or bridge contract may not require a party...
Section 39-9-4 - Certain Indemnification Requirements Permitted. - A road or bridge contract may contain a provision requiring...
Section 39-9-5 - Scope of Additional Insured Coverage Requirements. - A road or bridge contract may not require a party...
Section 39-9-6 - Applicability of Certain Indemnification Requirements. - This chapter does not apply to indemnity of a surety...
Section 39-9-7 - This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Effective April 20, 2021. This Is Not in the Current Code Supplement. - This chapter only applies to indemnity contracts between private parties...
Section 39-9-8 - Construction With Joint and Several Liability and Workers' Compensation Laws. - Any provision of law to the contrary notwithstanding, this chapter...
Section 39-9-9 - Contractual Obligations. - This chapter does not affect contractual obligations of any contracting...