alabama construction law
alabama construction law
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  1. The Construction Contract
  2. Limiting Contractual Obligations and Various Contractual Terms
    1. Amount of the Construction Contract
    2. Time for Completion of the Construction Project
    3. Payment terms in the Construction Project
    4. Conditions on the Construction Project
    5. Warranties and Limiting the Remedy to an Opportunity to Repair
    6. Limiting the Contractor's Duties to Complying with Plans and Specifications
    7. Indemnity
    8. Arbitration or Court
    9. Termination of the Construction Contract
    10. Insurance and Bonding
    11. Pay When Paid Clauses
  3. Implied Warranties
    1. Implied Warranty of Habitability (Residential Construction)
    2. Implied Warranty of the Owner Regarding Plans and Specifications
    3. Implied Warranty of Workmanship
  4. Change Orders
    1. Generally - Compensable or Non-compensable
    2. Oral or Written Change Orders
  5. Time for Completion - Delays in Completion
    1. Time is of the Essence Provision in Contract
    2. Excusable or Non-excusable Delays
    3. Concurrent Delays
    4. Potential Categories of Delay Damages
    5. Notice of the Delay
    6. Documentation of the Weather or other Delaying Events and how they Relate to the Critical Path
    7. Ongoing Record Keeping/Pay Applications
    8. Effect of Release in Payment Application
  6. Liability of Various Parties
    1. Liability of Contractor to Second Purchaser
    2. Liability of Contractor for Home Built for Personal Use
    3. Liability of a Developer to Owner
    4. Liability of the Seller of Land
    5. Liability of Contractor for Personal Injuries or Negligent Acts of Third Parties
    6. Liability of Contractor or Subcontractor for Latent Defects in Products
    7. Liability of Contractor for Claims under the AEMLD
    8. Liability to Parties with Whom You Had No Contract
  7. Alabama Lien Law
    1. What Items are Lienable?
    2. Types of Liens
    3. Procedure for Perfecting Liens
  8. Statute of Limitations
    1. Common Law (6 years from completion).
    2. Statutory (2 years from discovery of problems).
    3. Estoppel
  9. Damages
    1. Breach of Contract
    2. Homeowner's Claim for Faulty Construction
    3. Mental Anguish Damages
    4. Prejudgment Interest
  10. Licensing
    1. Residential Licensing and Homebuilder's Recovery Fund
    2. Licensing for Commercial General Contractor and Subcontractors
  11. Prompt Payment Acts
    1. Private Prompt Pay Act Ala. Code § 8-29-1 (1975)
    2. Public Prompt Pay Act Ala. Code § 41-16-3 (1975)
  12. Bond Claims
    1. Private Payment Bonds
    2. Bonds On Public Works Projects
    3. The Miller Act
    4. The "Little Miller" Act
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