Alabama Law Overview

  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

The Construction Contract

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

Implied Warranties

  1. Implied Warranty of Habitability (Residential Construction)
  2. Implied Warranty of the Owner Regarding Plans and Specifications
  3. Implied Warranty of Workmanship

Change Orders

  1. Generally – Compensable or Non-compensable
  2. Oral or Written Change Orders

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

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

Alabama Lien Law

  1. What Items are Lienable?
  2. Types of Liens
  3. Procedure for Perfecting Liens

Statute of Limitations

  1. Common Law (6 years from completion).
  2. Statutory (2 years from discovery of problems).
  3. Estoppel

Damages

  1. Breach of Contract
  2. Homeowner’s Claim for Faulty Construction
  3. Mental Anguish Damages
  4. Prejudgment Interest

Licensing

  1. Residential Licensing and Homebuilder’s Recovery Fund
  2. Licensing for Commercial General Contractor and Subcontractors

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)

Bond Claims

  1. Private Payment Bonds
  2. Bonds On Public Works Projects
  3. The Miller Act
  4. The “Little Miller” Act

The Construction Contract

Read More

  • Amount of the Construction Contract
  • Time for Completion of the Construction Project
  • Payment terms in the Construction Project
  • Conditions on the Construction Project
  • Warranties and Limiting the Remedy to an Opportunity to Repair
  • Limiting the Contractor’s Duties to Complying with Plans and Specifications
  • Indemnity
  • Arbitration or Court
  • Termination of the Construction Contract
  • Insurance and Bonding
  • Pay When Paid Clauses

Read More

  • Implied Warranty of Habitability (Residential Construction)
  • Implied Warranty of the Owner Regarding Plans and Specifications
  • Implied Warranty of Workmanship

Read More

  • Generally – Compensable or Non-compensable
  • Oral or Written Change Orders

Read More

  • Time is of the Essence Provision in Contract
  • Excusable or Non-excusable Delays
  • Concurrent Delays
  • Potential Categories of Delay Damages
  • Notice of the Delay
  • Documentation of the Weather or other Delaying Events and how they Relate to the Critical Path
  • Ongoing Record Keeping/Pay Applications
  • Effect of Release in Payment Application

Read More

  • Liability of Contractor to Second Purchaser
  • Liability of Contractor for Home Built for Personal Use
  • Liability of a Developer to Owner
  • Liability of the Seller of Land
  • Liability of Contractor for Personal Injuries or Negligent Acts of Third Parties
  • Liability of Contractor or Subcontractor for Latent Defects in Products
  • Liability of Contractor for Claims under the AEMLD
  • Liability to Parties with Whom You Had No Contract

Read More

  • What Items are Lienable?
  • Types of Liens
  • Procedure for Perfecting Liens

Read More

  • Common Law (6 years from completion).
  • Statutory (2 years from discovery of problems).
  • Estoppel

Read More

  • Breach of Contract
  • Homeowner’s Claim for Faulty Construction
  • Mental Anguish Damages
  • Prejudgment Interest

Read More

  • Residential Licensing and Homebuilder’s Recovery Fund
  • Licensing for Commercial General Contractor and Subcontractors

Read More

  • Private Prompt Pay Act Ala. Code § 8-29-1 (1975)
  • Public Prompt Pay Act Ala. Code § 41-16-3 (1975)

Read More

  • Private Payment Bonds
  • Bonds On Public Works Projects
  • The Miller Act
  • The “Little Miller” Act

Read More

Alabama Construction Law

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Birmingham, Alabama 35209

205-874-0341

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