Title 39. Public Works

Chapter 1. General Provisions

• Ala. Code § 39-1-1 (1975) 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
• Ala. Code § 39-1-2 (1975) Inspection of Asphalt Plant Prerequisite to Eligibility to Bid On Asphalt Plant MIX to Be Sold to State
• Ala. Code § 39-1-3 (1975) Reimbursement Allowed For Additional Taxes Incurred Due to Increase In Tax Rate During Performance of Contract
• Ala. Code § 39-1-4 (1975) Selection of Surety Company, Etc.; Approval of Bonds, Etc
• Ala. Code § 39-1-5 (1975) Applicability

Chapter 2. Letting, Execution, and Administration of Public Improvements Contracts By State Agencies Generally

• Ala. Code § 39-2-1 (1975) Definitions
• Ala. Code § 39-2-2 (1975) Advertisement For and Opening of Sealed Bids For Public Works Contracts; Violations; Exclusions; Emergency Actions; Sole Source Specification
• Ala. Code § 39-2-3 (1975) 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
• Ala. Code § 39-2-4 (1975) Filing of Guaranties By Bidders; Prequalification Procedures and Criteria; Responsibility of Prequalified Bidders; Revocation of Prequalification; Rejection of Bidder
• Ala. Code § 39-2-5 (1975) Return of Proposal Guaranties to Bidders Generally; Disposition of Proposal Guaranty When Award Not Made Within 30 Days of Opening of Proposals
• Ala. Code § 39-2-6 (1975) Award of Contract; Powers of Awarding Authority; Availability of Plans, Etc.; Disqualifying Activities; Life Cycle Costs
• Ala. Code § 39-2-7 (1975) Effect of Errors and Discrepancies of Prices In Bids
• Ala. Code § 39-2-8 (1975) Execution of Contracts and Furnishing of Performance Bonds, Etc., Generally By Bidders Awarded Contracts
• Ala. Code § 39-2-9 (1975) Approval of Bonds, Etc., and Completion of Execution of Contracts By Awarding Authorities
• Ala. Code § 39-2-10 (1975) Issuance of Proceed Orders By Awarding Authorities, Etc
• Ala. Code § 39-2-11 (1975) 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 Low Bid Upon Discovery of Mistake
• Ala. Code § 39-2-12 (1975) Partial and Final Payments of Contractors By Awarding Authorities
• Ala. Code § 39-2-13 (1975) Promulgation of Rules and Regulations By Awarding Authorities
• Ala. Code § 39-2-14 (1975) Registration of Out-Of-State Contractors Required; Deposit; Surety Bond

Chapter 3. Use of Domestic Products and Resident Workmen For Public Works, Improvements, Etc

• Ala. Code § 39-3-1 (1975) Contracts For Public Works Project Financed Entirely By State Or Subdivisions Thereof to Provide For Use of Domestic Products If Available, Etc.; Penalty
• Ala. Code § 39-3-4 (1975) Contractors For Public Works Project Financed Entirely By State Or Subdivisions Thereof to Use Steel Produced In United States; Penalty
• Ala. Code § 39-3-5 (1975) Preference to Resident Contractors In Letting of Certain Public Contracts

Chapter 5. Actions Or Proceedings Upon Public Works Or Improvements Contracts Improperly Let Or Executed

• Ala. Code § 39-5-1 (1975) Contracts Let In Violation of Law Unenforceable; Certificate of Compliance; Rebuttable Presumption of Compliance
• Ala. Code § 39-5-2 (1975) Issuance of False Or Fraudulent Certificate of Compliance
• Ala. Code § 39-5-3 (1975) Actions to Recover Funds Received Under Such Contracts
• Ala. Code § 39-5-4 (1975) Actions to Enjoin Letting Or Execution of Such Contracts Or Payment of Public Funds Thereunder
• Ala. Code § 39-5-5 (1975) Persons Entering Into Contracts For Public Works Presumed to Have Notice of Title
• Ala. Code § 39-5-6 (1975) Provisions of Title Mandatory; Construction and Application of Title

Chapter 6. Construction of Public Buildings With Radioactive Fallout Protection

• Ala. Code § 39-6-1 (1975) 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 Same and Granting of Exemptions From Provisions of Section
• Ala. Code § 39-6-2 (1975) Requirement of Radioactive Fallout Protection In New Public Buildings Or Structures and Additions By Municipal Governing Bodies and County Commissions; Provisions of Section Cumulative

Chapter 7. Improvement Authorities

• Ala. Code § 39-7-1 (1975) Definitions
• Ala. Code § 39-7-2 (1975) Authorization For Incorporation Generally
• Ala. Code § 39-7-3 (1975) Filing of Petition For Election As to Incorporation
• Ala. Code § 39-7-4 (1975) Form and Verification of Petition
• Ala. Code § 39-7-5 (1975) Summary Proceedings For Review, Etc., of Sufficiency of Petition
• Ala. Code § 39-7-6 (1975) Publication of Notice of Filing of Petition and of Question to Be Submitted to Voters At Election
• Ala. Code § 39-7-7 (1975) Submission of Question Proposed By Petition to Voters At General Election
• Ala. Code § 39-7-8 (1975) Holding of Special Election For Submission of Question to Voters; Provisions of Law Governing Conduct of Such Elections; Payment of Expenses of Elections
• Ala. Code § 39-7-9 (1975) Contents and Form of Election Ballot
• Ala. Code § 39-7-10 (1975) Adoption of Resolution Setting Forth Question Submitted and Votes Cast; Declaration of Incorporation of Improvement Authority
• Ala. Code § 39-7-11 (1975) 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 of Statement and Effect Thereof
• Ala. Code § 39-7-12 (1975) Authority to Be Public Corporation; Exercise of Powers of Authority
• Ala. Code § 39-7-13 (1975) 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
• Ala. Code § 39-7-14 (1975) Board of Trustees of Authority - Composition; Appointment, Removal and Terms of Office of Members; Vacancies
• Ala. Code § 39-7-15 (1975) Board of Trustees of Authority - Members Not to Hold Public Office Under Municipality
• Ala. Code § 39-7-16 (1975) Board of Trustees of Authority - Organization Meeting; Selection of Officers
• Ala. Code § 39-7-17 (1975) Board of Trustees of Authority - Compensation; Delegation of Powers and Duties to Employees, Etc
• Ala. Code § 39-7-18 (1975) Board of Trustees of Authority - Powers Generally
• Ala. Code § 39-7-19 (1975) 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 Municipal Officers and Employees
• Ala. Code § 39-7-20 (1975) Transfer of Municipal Officers and Employees to Authority
• Ala. Code § 39-7-21 (1975) 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
• Ala. Code § 39-7-22 (1975) Powers Generally; Consent of Department of Finance Required For Issuance Or Sale of Bonds Or Other Evidence of Indebtedness By Authority
• Ala. Code § 39-7-23 (1975) Authorization For Issuance of Bonds By Authority; Terms, Denominations, Sale, Redemption, Etc., of Bonds; Issuance of Interim Receipts, Certificates, Etc
• Ala. Code § 39-7-24 (1975) Liability On Bonds and Other Obligations of Authority
• Ala. Code § 39-7-25 (1975) Rights and Remedies of Bondholders
• Ala. Code § 39-7-26 (1975) Pledge As to Alteration, Impairment, Etc., of Certain Rights and Powers of Authorities and Rights and Remedies of Bondholders By State
• Ala. Code § 39-7-27 (1975) Disposition of Moneys of Authority
• Ala. Code § 39-7-28 (1975) 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 of Authority
• Ala. Code § 39-7-29 (1975) Authorization and Procedure For Enlarging of Services Furnished By Authority
• Ala. Code § 39-7-30 (1975) Authorization and Procedure For Diminishing of Services Furnished By Authority
• Ala. Code § 39-7-31 (1975) Limitation As to Number of Special Elections For Incorporating Authority Or Enlarging Or Diminishing Services Furnished By Authority
• Ala. Code § 39-7-32 (1975) Furnishing of Services Outside Boundaries of Municipality By Authority
• Ala. Code § 39-7-33 (1975) Purpose of Chapter; Chapter Exclusive As to Franchises, Licenses, Permits, Etc., For Authorities
• Ala. Code § 39-7-34 (1975) Provisions of Chapter Exclusive As to Matters Covered By Chapter

Chapter 8. Fair and Open Competition In Governmental Construction Act

• Ala. Code § 39-8-1 (1975) Short Title
• Ala. Code § 39-8-2 (1975) Legislative Findings
• Ala. Code § 39-8-3 (1975) Definitions
• Ala. Code § 39-8-4 (1975) Certain Contract Terms Prohibited
• Ala. Code § 39-8-5 (1975) Certain Awards Prohibited
• Ala. Code § 39-8-6 (1975) Use of Certain Terms In Documents
• Ala. Code § 39-8-7 (1975) Exemptions
• Ala. Code § 39-8-8 (1975) Applicability of Chapter

Chapter 9. Indemnification Provisions In Public Works Contracts Prohibited.

• Ala. Code § 39-9-1 (1975) Legislative Findings
• Ala. Code § 39-9-2 (1975) Definitions
• Ala. Code § 39-9-3 (1975) Certain Indemnification Requirements Unenforceable
• Ala. Code § 39-9-4 (1975) Certain Indemnification Requirements Permitted
• Ala. Code § 39-9-5 (1975) Scope of Additional Insured Coverage Requirements
• Ala. Code § 39-9-6 (1975) Applicability of Certain Indemnification Requirements
• Ala. Code § 39-9-7 (1975) Applicability to Certain Contracts Between Private Parties to Public Works Projects
• Ala. Code § 39-9-8 (1975) Construction With Joint and Several Liability and Workers' Compensation Laws
• Ala. Code § 39-9-9 (1975) Contractual Obligations