(a) For the purpose of this chapter, a “general contractor” is defined to be one who, for a fixed price, commission, fee, or wage, undertakes to construct or superintend or engage in the construction, alteration, maintenance, repair, rehabilitation, remediation, reclamation, or demolition of any building, highway, sewer, structure, site work, grading, paving, or project or any improvement in the State of Alabama where the cost of the undertaking is one hundred thousand dollars ($100,000) or more. A person who does any of the activities described in this subsection shall be deemed to have engaged in the business of general contracting in the State of Alabama.
(b) For the purpose of this chapter, a “general contractor” is defined to include one who, for a fixed price, commission, fee, or wage exceeding five thousand dollars ($5,000), undertakes to construct, superintend the construction of, repair, or renovate, any swimming pool. Any person who engages in the construction, superintending of the construction, repair, or renovation of any swimming pool in the State of Alabama, where the cost of the undertaking exceeds five thousand dollars ($5,000), shall be deemed to have engaged in the business of general contracting in the State of Alabama and shall be subject to this chapter.
(c) For the purpose of this chapter, a “subcontractor” is defined to be one who constructs, superintends, or engages in the construction, alteration, maintenance, repair, rehabilitation, remediation, reclamation, or demolition of any building, highway, sewer, structure, site work, grading, paving, or project or any improvement in the State of Alabama where the cost of the undertaking is one hundred thousand dollars ($100,000) or more under contract to a general contractor, as defined in subsection (a), or another subcontractor.
(Acts 1935, No. 297, p. 721, §1; Code 1940, T. 46, §65; Acts 1959, No. 571, p. 1429, §1; Acts 1989, No. 89-648, p. 1278, §1; Acts 1996, No. 96-640, p. 1013, §1; Acts 1997, No. 97-270, p. 486, §1; Act 2003-142, p. 441, §3; Act 2009-725, p. 2168, §1; Act 2024-277, §1.)
Notes of Decisions
Cited in
33
cases (
9 in the last 5 years), 1981–2026 · leading case:
Dabbs v. Four Tees, Inc., 36 So. 3d 542 (Ala. Civ. App. 2008).
Dabbs v. Four Tees, Inc., 36 So. 3d 542 (Ala. Civ. App. 2008).
· cites it 19× “On January 31, 2005, the Dabbses filed an amended answer in which they asserted that the contract upon which *549 Graves sought recovery was void and unenforceable pursuant to Ala. Code 1975, § 34-8-1 et seq., and that Graves’s claims were barred as a result of Graves’s failure…”
Thyssenkrupp Steel USA, LLC v. United Forming, Inc., 926 F. Supp. 2d 1286 (S.D. Ala. 2013).
· cites it 8× “Put differently, pursuant to Ala.Code § 34-8-1 et seq., and cases interpreting it, does the unenforceability of an illegal contract made with an unlicensed subcontractor taint the entirety of a general contractor’s agreement with an owner, making the general contractor’s…”
White-Spunner Constr., Inc. v. Constr. Completion Co., 103 So. 3d 781 (Ala. 2012).
· cites it 14× “1981) (stating that it is illegal for an unlicensed contractor to contract to perform the work of a contractor as defined in § 34-8-1, Ala.Code 1975, and that any such contract is void and unenforceable).”
Hawkins v. League, 398 So. 2d 232 (Ala. 1981).
· cites it 5× “League replied that the oral contract relied on by Hawkins was void, since Hawkins had no "general contractor's" license as required by Code 1975, §§ 34-8-1 to -10. The case was tried without a jury before Circuit Judge James C.”
Lee v. YES of Russellville, Inc., 784 So. 2d 1022 (Ala. 2000).
“See § 34-8-1 et seq., Ala. Code 1975. YES and Sheth argued that, therefore, the construction contract was null and void, citing White v.”
Louisiana Well Serv., Inc. v. Metfuel, Inc., 614 So. 2d 1039 (Ala. 1993).
· cites it 14× “” MetFuel argues that an oil or gas well is clearly an “improvement” or a “structure” as those terms were used by the legislature in § 34-8-1. Therefore, says MetFuel, LWS constructed an “improvement” or “structure” and is thus a “general contractor” under § 34-8-1, because LWS…”
Triple D Trucking, Inc. v. Am. Petroleum Equip. & Constr., Inc., 865 So. 2d 1234 (Ala. Civ. App. 2003).
· cites it 5× “1 APEC moved for a summary judgment on March 5, 2002; APEC amended its motion on March 26, 2002, to argue that Triple D was a general contractor as defined by § 34-8-1, Ala.Code 1975; that Triple D was not licensed as a general contractor; and that contracts entered into by…”
Kilgore Dev., Inc. v. Woodland Place, LLC, 47 So. 3d 267 (Ala. Civ. App. 2009).
“Code 1975, which related to qualifications and licensing requirements for general contractors, were enacted “to protect the public against incompetent contractors for certain-type structures, and also to better assure properly constructed structures which [are] free from defects…”
— Ala. Code § 34-8-1(a) — 5 cases
Thyssenkrupp Steel USA, LLC v. United Forming, Inc., 926 F. Supp. 2d 1286 (S.D. Ala. 2013).
“Put differently, pursuant to Ala.Code § 34-8-1 et seq., and cases interpreting it, does the unenforceability of an illegal contract made with an unlicensed subcontractor taint the entirety of a general contractor’s agreement with an owner, making the general contractor’s…”
— Ala. Code § 34-8-1(c) — 1 case
White-Spunner Constr., Inc. v. Constr. Completion Co., 103 So. 3d 781 (Ala. 2012).
“1981) (stating that it is illegal for an unlicensed contractor to contract to perform the work of a contractor as defined in § 34-8-1, Ala.Code 1975, and that any such contract is void and unenforceable).”
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