Ala. Code § 6-5-700

Current through the 2024 Regular Session.

Section 6-5-700 - Definitions

For the purposes of this article, the following terms have the following meanings:

(1) AWARDING AUTHORITY. If the contractor enters into a contract to construct, repair, or maintain a highway, road, bridge, or street, then the awarding authority shall be any of the following, as applicable:

a. The Alabama Department of Transportation or the state.

b. The county governing body for the county where the project is bid and let to contract by the county commission.

c. The municipal governing body for the municipality where the project is bid and let to contract by the municipal governing body.

d. Any other governmental entity, board, commission, agency, body, authority, instrumentality, department, subdivision of the state, or public two-year or four-year institution of higher education, if the contractor enters into a contract with the entity to perform a project. This term shall exclude the State Docks Department and any entity exempted from the competitive bid laws of the state by statute.

(2) CONCLUSION OF PROJECT. The earlier of the following:

a. The date that the awarding authority notifies the contractor, in writing, that the awarding authority has assumed maintenance responsibilities for the project.

b. The date following the expiration of 45 days after the contractor provides, by certified mail return receipt requested, notice of presumptive conclusion of the project to the awarding authority and the awarding authority fails to respond.

c. The date following the expiration of 90 days after the contractor has completed the advertising requirements of Title 39 and the awarding authority has made the final payment to the contractor.

(3) CONTRACTOR. Any individual, corporation, limited liability company, partnership, or other legal entity, or any combination thereof, and any subcontractor, director, officer, or employee of the individual or legal entity, that contracts with an awarding authority to perform a project.

(4) DANGEROUS CONDITION. A condition that is not reasonably safe for the intended use of the roadway and is capable of causing an individual physical injury or death under the anticipated use of the roadway.

(5) LATENT DEFECT. A defect or omission resulting from the work conducted or materials provided by the contractor under the contract which was not discoverable, visible, or apparent.

(6) PROJECT. The construction, repair, or maintenance by a contractor of a section of highway, road, bridge, or street together with all appurtenances, as specified in a contract with an awarding authority.

(7) SPECIFICATIONS. Specifications, plans, traffic control requirements, communication requirements, drawings, bid documents, or any other written or electronically stored requirements and details the contractor agrees to perform.

Ala. Code § 6-5-700 (1975)

Amended by Act 2023-316,§ 1, eff. 8/1/2023.

Added by Act 2012-225,§ 1, eff. 4/24/2012.