If the contractor enters into acontract to construct, repair, or maintain a highway, road,bridge, or street, then the awarding authority shall be any ofthe 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 themunicipality where the project is bid and let to contract bythe 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-yearinstitution of higher education, if the contractor enters intoa contract with the entity to perform a project. This termdoes not include the Alabama State Port Authority and any entityexempted from the competitive bid laws of the state bystatute. (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 ws of the state bystatute. (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 datefollowing the expiration of 45 days after the contractorprovides, by certified mail return receipt requested, notice of presumptive conclusion of the project to the awardingauthority and the awarding authority fails to respond. c. The datefollowing the expiration of 90 days after the contractor hascompleted the advertising requirements of Title 39 and theawarding authority has made the final payment to thecontractor.(3) CONTRACTOR. Any individual, corporation, limited liability company, partnership, or otherlegal 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. 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 fromthe work conducted or materials provided by the contractorunder the contract which was not discoverable, visible, orapparent. (6) PROJECT. The construction, repair, or maintenanceby a contractor of a section of highway, road, bridge, orstreet 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.(Act 2012-225, p. 414, §1; Act 2023-316, §1.)
Alabama Legal Code