reglab/housing_qa huggingface dataset:
AL Code § 6-5-682 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 35 - Asbestos-Related Claims.|Section 6-5-682 - Limitations of Liability.

Section 6-5-682Limitations of liability.  (a) Except as further limited in subsection (b), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation does not have any responsibility for successor asbestos-related liabilities in excess of this limitation. (b) If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, the fair market value of the total assets of the prior transferor, determined as of the time of the earlier merger or consolidation, shall be substituted for the limitation set forth in subsection (a) for purposes of determining the limitation of liability of a corporation. (Act 2011-545, p. 1001, §3.)
AL Code § 6-5-683 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 35 - Asbestos-Related Claims.|Section 6-5-683 - Fair Market Value of Total Gross Assets.

Section 6-5-683Fair market value of total gross assets. (a) A corporation may establish the fair market value of total gross assets for the purpose of the limitations under Section 6-5-682 through any method reasonable under the circumstances, including either of the following: (1) By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arm's length transaction. (2) In the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet. (b) Total gross assets include intangible assets. (c) Total gross assets include the aggregate coverage under any applicable liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, which insurance has been collected or is collectible to cover successor asbestos-related liabilities except compensation for liabilities arising from workers' exposure to asbestos solely during the course of their employment by the transferor. A settlement of a dispute concerning the insurance coverage entered into by a transferor or successor with the insurers of the transferor before September 1, 2011, shall be determinative of the aggregate coverage of the liability insurance to be included in the calculation of the transferor's total gross assets. (Act 2011-545, p. 1001, §4.)
AL Code § 6-5-684 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 35 - Asbestos-Related Claims.|Section 6-5-684 - Adjustment of Fair Market Value of Total Gross Assets.

Section 6-5-684Adjustment of fair market value of total gross assets. (a) Except as provided in subsections (b), (c), and (d), the fair market value of total gross assets at the time of a merger or consolidation shall increase annually at a rate equal to the sum of: (1) The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used. (2) One percent. (b) The rate in subsection (a) may not be compounded. (c) The adjustment of fair market value of total gross assets shall continue as provided under subsection (a) until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the corporation or a predecessor, or by or on behalf of a transferor, after the time of the merger or consolidation for which the fair market value of total gross assets is determined. (d) No adjustment of the fair market value of total gross assets shall be applied to any liability insurance otherwise included in the definition of total gross assets by subsection (c) of Section 6-5-683. (Act 2011-545, p. 1001, §5.)
AL Code § 6-5-685 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 35 - Asbestos-Related Claims.|Section 6-5-685 - Application of Article.

Section 6-5-685Application of article.  This article shall apply to any civil action asserting an asbestos claim in which the trial has not commenced as of September 1, 2011. (Act 2011-545, p. 1001, §6.)
AL Code § 6-5-690 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 35A - Asbestos Exposure Transparency Act.|Section 6-5-690 - Short Title.

Section 6-5-690Short title. This article shall be known and may be cited as the Asbestos Exposure Transparency Act. (Act 2019-261, §1.)
AL Code § 6-5-691 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 35A - Asbestos Exposure Transparency Act.|Section 6-5-691 - Definitions.

Section 6-5-691Definitions. For the purposes of this article, the following terms shall have the following meanings: (1) ASBESTOS ACTION. A civil action arising out of, based on, or related to the health effects of exposure to asbestos and any derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child, or other relative of that person. The term asbestos action does not include claims alleging ovarian cancer. (2) ASBESTOS TRUST. A government-approved or court-approved trust, qualified settlement fund, compensation fund, or claims facility that is created as a result of an administrative or legal action, a court-approved bankruptcy, pursuant to 11 U.S.C. §524(g), 11 U.S.C. §1121(a), or other applicable provision of law, that is intended, in whole or in part, to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos. (3) TRUST CLAIM MATERIALS. A final executed proof of claim and all documents and information submitted to or received from an asbestos trust, including claim forms and supplementary materials, affidavits, medical and health records, depositions and trial testimony of the plaintiff and others knowledgeable about the plaintiff's exposure history, work history, exposure allegations, and all documents that reflect the status of a claim against an asbestos trust and if the trust claim has been resolved. (4) TRUST GOVERNANCE DOCUMENTS. All documents that relate to eligibility and payment levels, including claims payment matrices, trust distribution procedures, or plans for reorganization, for an asbestos trust. (Act 2019-261, §1.)
AL Code § 6-5-692 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 35A - Asbestos Exposure Transparency Act.|Section 6-5-692 - Required Disclosures by Plaintiff.

Section 6-5-692Required disclosures by plaintiff.  (a) Subject to Section 6-5-693, within 90 days after a plaintiff files an asbestos action, the plaintiff shall do all of the following: (1) Provide all parties with an affidavit, signed under oath by the plaintiff, stating all of the following: a. The plaintiff's name, address, date of birth, Social Security number, marital status, occupation, and employers, and if the plaintiff alleges exposure to asbestos through another person, the identity of the other person, and that person's relationship to the plaintiff. b. The asbestos-related disease claimed to exist. c. The plaintiff and plaintiff's counsel have conducted an investigation into all potential sources of the plaintiff's exposure to asbestos and identified with specificity each and every source of exposure to asbestos that is available or known to the plaintiff or plaintiff's counsel and any person through which the plaintiff alleges exposure, including all asbestos-containing products to which the plaintiff or other person were exposed, whether from bankrupt entities or otherwise, and all premises at which the plaintiff and the other person were exposed to asbestos; the specific location and manner of each alleged exposure to asbestos; the beginning and ending dates of each alleged exposure; and the specific connection of each defendant to the alleged exposure to asbestos. (2) Provide all parties with all supporting documentation relating to this section. (b) If a defendant presents evidence that the plaintiff's affidavit is incomplete, the defendant may move the court for an order to require the plaintiff to supplement the affidavit. If the court determines that there is a sufficient basis for the plaintiff to supplement the affidavit, the court shall enter an order to require the plaintiff to supplement the affidavit and shall stay the action until the plaintiff supplements the affidavit as provided by the court and produces the supplemental affidavit to the parties. (c) The court shall dismiss the plaintiff's claim without prejudice if the plaintiff fails to provide the information required in this section or fails to satisfy an order to supplement the plaintiff's affidavit within 90 days from the time the information is required to be provided to the parties. (Act 2019-261, §1.)
AL Code § 6-5-693 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 35A - Asbestos Exposure Transparency Act.|Section 6-5-693 - Bankruptcy Trust Information.

Section 6-5-693Bankruptcy trust information. (a) A plaintiff in an asbestos action need not comply with Section 6-5-692 if, within 90 days after the plaintiff files an asbestos action, the plaintiff files all available asbestos trust claims and provides the parties with all trust claim materials available to the plaintiff or plaintiff's counsel in relation to the plaintiff's exposure to asbestos. This section does not apply if the plaintiff complies with Section 6-5-692. (b) A plaintiff has a continuing duty to supplement the information and materials provided under subsection (a) within 30 days after the plaintiff supplements an asbestos trust claim, receives additional information or materials related to an asbestos trust claim, or files an additional trust claim. (c) Not less than 60 days before trial, if a defendant presents evidence that the plaintiff has not filed all available asbestos trust claims, as required under subsection (a), the defendant may move the court for an order to require the plaintiff to file additional trust claims. If a defendant has previously filed a motion under this section, the court shall not grant a subsequent motion if the defendant knew that the claimant met the criteria for payment for the additional trust claim identified in the subsequent motion at the time the earlier motion was filed. (d) Trial in an asbestos action may not begin until at least 60 days after the plaintiff complies with this section. (Act 2019-261, §1.)
AL Code § 6-5-694 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 35A - Asbestos Exposure Transparency Act.|Section 6-5-694 - Discovery.

Section 6-5-694Discovery. (a) In an asbestos action, there shall be a rebuttable presumption that trust claim materials and trust governance documents are relevant, authentic, and admissible in evidence. A claim of privilege does not apply to trust claim materials or trust governance documents. (b) A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release the information and materials sought by the defendant. (Act 2019-261, §1.)
AL Code § 6-5-700 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 36 - Civil Liability of contractors..|Section 6-5-700 - Definitions.

Section 6-5-700Definitions. For the purposes of this article, the following terms shall have the following meanings: (1) AWARDING AUTHORITY. a. The Alabama Department of Transportation, if the contractor enters into a contract with the State of Alabama to construct, repair, or maintain a highway, a road, or a street for the State of Alabama; or b. The county governing body, if the contractor enters into a contract with that county to construct, repair, or maintain a highway, a road, or a street for that county; or c. The governing body of any other local government, if the contractor enters into a contract with that local government to construct, repair, or maintain a highway, a road, or a street for that local government. (2) CONCLUSION OF PROJECT. The date that the awarding authority notifies the contractor, in writing, that the awarding authority has assumed maintenance responsibilities for the roadway or 60 days after the contractor has notified, in writing, the awarding authority that the contractor’s work on the project is completed, whichever is earlier. (3) CONTRACTOR. Any person or entity, and any subcontractor, director, officer, or employee of such a person or entity, that contracts with the State of Alabama, a county, or other local government to construct, repair, or maintain a highway, a road, a bridge, or a street. (4) DANGEROUS CONDITION. A condition that is not reasonably safe for the intended use of the roadway and is capable of causing a person physical injury or death under the anticipated use of the roadway. (5) SPECIFICATIONS. Specifications, plans, drawings, bid documents, or any other written or electronically stored requirements and details the contractor agrees to perform. (Act 2012-225, p. 414, §1.)
AL Code § 6-5-701 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 36 - Civil Liability of contractors..|Section 6-5-701 - Reliance Upon Specifications.

Section 6-5-701Reliance upon specifications. A contractor is justified ordinarily in relying upon the specifications that are contained in the contract with an awarding authority. No contractor shall be held civilly liable for work performed on a highway, road, bridge, or street including repairs, construction, or maintenance on behalf of the awarding authority unless it is shown by a preponderance of the evidence that physical injury, property damage, or death is proximately caused by any of the following: (1) A failure by the contractor to follow the plans and specifications resulting in a dangerous condition. (2) The contractor’s performance of the contract in compliance with the plans and specifications creates a condition that should have appeared, to a reasonably prudent contractor, to be a dangerous condition. (3) A latent defect which creates a dangerous condition that is the result of the work of the contractor. (Act 2012-225, p. 414, §2.)
AL Code § 6-5-702 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 36 - Civil Liability of contractors..|Section 6-5-702 - Compliance With Contract Documents.

Section 6-5-702Compliance with contract documents. During the course of construction, a contractor who constructs, maintains, or repairs a highway, road, street, or bridge for the awarding authority is not liable to a claimant for personal injury, property damage, or death arising from the performance of such construction, maintenance, or repair, if, at the time of the personal injury, property damage, or death, the contractor was in compliance with contract documents material to the condition, including the traffic control plan, that was the proximate cause of the personal injury, property damage, or death unless following the plans and specifications would result in a dangerous condition that should have appeared to be defective to a reasonably prudent contractor or that the contractor should have known that following the plans and specifications could create a dangerous condition that caused the injury or death. (Act 2012-225, p. 414, §3.)
AL Code § 6-5-703 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 36 - Civil Liability of contractors..|Section 6-5-703 - Notification of Potentially Dangerous Conditions.

Section 6-5-703Notification of potentially dangerous conditions. If, prior to or during the course of construction, a contractor discovers or determines that following the plans and specifications could result in a potentially dangerous condition, then the contractor shall, with specificity of such condition, expressly notify the Chief Engineer of the Alabama Department of Transportation in writing by certified mail, return receipt requested. The Alabama Department of Transportation, or the awarding authority, shall respond to the specific condition raised within 14 days in writing as to its decision as to the appropriate response to the dangerous condition. The contractor shall not be liable for any claim relating to any decision made by the Alabama Department of Transportation or awarding authority as to the appropriate response, design decisions, or engineering decision, if any, to respond to the potentially dangerous condition identified. (Act 2012-225, p. 414, §4.)
AL Code § 6-5-704 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 36 - Civil Liability of contractors..|Section 6-5-704 - Claims by Noncontractual Third Parties.

Section 6-5-704Claims by noncontractual third parties. The contractor shall bear no civil liability for any alleged property damage, personal injury, death, or other civil claims made by noncontractual third parties arising from the design decisions or professional engineering judgment, including decisions relating to the proper scope or inspection of the project, by the awarding authority. This section shall not apply to either of the following situations: (1) The contractor contracts in whole or in part to design the roadway or project or to provide professional engineering services as to the design of the roadway. (2) The contractor undertakes to provide design or professional engineering services as to the roadway or project. (Act 2012-225, p. 414, §5.)
AL Code § 6-5-705 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 36 - Civil Liability of contractors..|Section 6-5-705 - Dangerous Conditions Outside Scope of Project.

Section 6-5-705Dangerous conditions outside scope of project. The contractor shall bear no civil liability for any dangerous condition that is outside of the scope of the project or that is in excess of any requirement of the governing plans and specifications provided by the awarding authority. This section shall not apply to either of the following situations: (1) The contractor contracts to design in whole or in part the roadway or project or to provide professional engineering services as to the design of the roadway. (2) The contractor undertakes to provide services as to the roadway or project that are outside the scope of the project or that are in excess of any requirement of the governing plans and specifications. (Act 2012-225, p. 414, §6.)
AL Code § 6-5-706 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 36 - Civil Liability of contractors..|Section 6-5-706 - Improper Maintenance Following Conclusion of Project.

Section 6-5-706Improper maintenance following conclusion of project. A contractor shall bear no civil liability to a claimant for personal injury, property damage, or death which occurs subsequent to the conclusion of the project where the proximate cause of the personal injury, property damage, or death is occasioned by a failure of the awarding authority to properly maintain the roadway or any of its features, including shoulders, unless either: (1) A contractor contracts in whole or in part with the awarding authority to maintain the roadway, or any of its features, including shoulders, or project in question. (2) The contractor undertakes, independent of a contract, to maintain a roadway or any of its features, including shoulders. (Act 2012-225, p. 414, §7.)
AL Code § 6-5-707 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 36 - Civil Liability of contractors..|Section 6-5-707 - Damage to Property of Utility.

Section 6-5-707Damage to property of utility.  Nothing in this article shall limit or eliminate the liability of a contractor for any civil action based on any alleged loss of or damage to the property of a utility that is rightfully located on, or adjacent to, the right-of-way of any highway, road, or street on which the contractor performed the construction, repair, or maintenance. (Act 2012-225, p. 414, §8.)
AL Code § 6-5-708 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 36 - Civil Liability of contractors..|Section 6-5-708 - Accrual of Action.

Section 6-5-708Accrual of action. This article shall only apply to a cause of action which accrues after April 24, 2012. Pursuant to this article, a cause of action accrues at the time of property damage or the occurrence of the personal injury or death that is made the basis of the civil action. (Act 2012-225, p. 414, §10.)
AL Code § 6-5-709 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 36 - Civil Liability of contractors..|Section 6-5-709 - Construction of Article.

Section 6-5-709Construction of article. Nothing in this article shall be interpreted or construed to alter or affect the rights of any awarding authority to make a claim against a contractor or to exempt a contractor from compliance with all provisions of contracts between such contractors and an awarding authority. (Act 2012-225, p. 414, §11.)
AL Code § 6-5-711 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 36A - Liability for Construction Monitoring Services.|Section 6-5-711 - Exemption From Civil Liability for Certain Professional Firms and Employees Providing Construction Monitoring Services.

Section 6-5-711Exemption from civil liability for certain professional firms and employees providing construction monitoring services. The provisions of Section 34-11-9(a)(3) notwithstanding, neither a professional firm nor any of its employees that provide construction monitoring services on behalf of an awarding authority relating to the construction, repair, resurfacing, refurbishment, replacement, removal, modification, alteration, or other improvement of any public or private infrastructure shall be civilly liable in tort or otherwise for property damage, personal injury, or death resulting from construction monitoring services that substantially comply with the professional firm's construction monitoring services requirements for the awarding authority related to the plans and specifications in determining compliance of the contractor's work with the plans and specifications. (Act 2013-401, p. 1538, §2.)
AL Code § 6-5-712 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 36A - Liability for Construction Monitoring Services.|Section 6-5-712 - Construction and Application of Article.

Section 6-5-712Construction and application of article. (a) This article is not applicable to the extent that a professional firm or its employees are engaged by an awarding authority solely to design and/or prepare the engineering plans and specifications for a public or private infrastructure. (b) This article is not applicable to the extent that a professional firm or its employees performing construction monitoring services are also engaged by an awarding authority to prepare the engineering plans for that project, or are otherwise providing additional services on that project, and to the extent that a deficiency in such plans or additional services proximately causes property damage, personal injury, or death to a third party with whom the professional firm is not in privity of contract. (c) This article does not replace or supersede existing burdens of proof or defenses in professional liability actions concerning construction monitoring services. (Act 2013-401, p. 1538, §3.)