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AL HB71
Bill
Status
5/9/2012
Primary Sponsor
William Roberts
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AI Summary
HB71 Summary
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Amends Section 39-2-12 and 41-16-3 of the Alabama Code to establish a 45-day maximum payment deadline for public works contracts, making any contractual agreement to extend this period unenforceable.
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Requires awarding authorities to pay one percent monthly interest (12 percent annually) on undisputed amounts not paid within 45 days after work acceptance and contract terms are fulfilled.
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Mandates that awarding authorities certify and provide proof of available funds to pay contractors before contract execution and prohibit material changes to financial arrangements without prior notice.
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Entitles contractors not receiving timely payment to recover reasonable attorney's fees, court costs, and reasonable expenses in addition to payment and interest through civil action.
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Exempts contracts administered by the Alabama Building Commission and contracts entered into for emergency response and recovery from these payment provisions; effective the first day of the third month following passage.
Legislative Description
Contracts, payment of state contractors, state may not increase time for payment for completing work beyond 30 days, interest added to late payments, certification and proof of certification that state has funds available to pay contractors, attorney fees, costs and reasonable expenses recoverable, Secs. 39-2-12, 41-16-3 am'd.
State Agencies
Last Action
Delivered to Governor at 11:45 a. m. on May 9, 2012.
5/9/2012