(a) No civil action shall be brought or maintained by a contractor in any court in this state to require any awarding authority to pay out public funds for work and labor done, for materials supplied, or on any account connected with performance of a contract for public works, if the contract was let or executed in violation of or contrary to this title or any other provision of law.
(b) The awarding authority shall, prior to the execution of final contracts and bonds, certify that the contract to be awarded is let in compliance with this title and all other applicable provisions of law; and, only for purposes of a civil action as referenced in subsection (a), the issuance of the certificate by the awarding authority shall constitute a presumption that the contract was let in accordance with the laws. The presumption may be rebutted only by a showing with clear and convincing evidence that the certification is false or fraudulent and that the contractor knew that the certification was false or fraudulent before execution of the contract.
(Acts 1961, No. 868, p. 1361, §1; Acts 1997, No. 97-225, p. 348, §1.)
Notes of Decisions
Spring Hill Lighting & Supply Co. v. Square D Co., Inc., 662 So. 2d 1141 (Ala. 1995).
“Code 1975, §§ 41-16-20 through 41-16-63; §§ 39-5-1 through 39-5-6. [2] "An action shall be brought by the Attorney General or may be brought by any interested citizen, in the name and for the benefit of the state, to recover from the awarding authority, contractor or their…”
Pinpoint Locating, Inc. v. The Water Works & Gas Bd. of the City of Red Bay (Ala. 2025).
· cites it 5× “) See also § 39-5-1(a), Ala. Code 1975 ("No civil action shall be brought or maintained by a contractor in any court in this state to require any awarding authority to pay out public funds for work and labor done, for materials supplied, or on any account connected with…”
Lake Cyrus Dev. Co. v. Attorney Gen. ex rel. Bessemer Water Serv., 143 So. 3d 771 (Ala. 2014).
“2006) (“Bessemer /”), that waterlines installed by a private developer on what, at the time of installation, was the developer’s privately owned land constituted a “public works” on “public property” under §§ 39-5-1(4) and (5), Ala.Code 1975. 6 That decision, however, is res…”
— Ala. Code § 39-5-1(4) — 1 case
Lake Cyrus Dev. Co. v. Attorney Gen. ex rel. Bessemer Water Serv., 143 So. 3d 771 (Ala. 2014).
“2006) (“Bessemer /”), that waterlines installed by a private developer on what, at the time of installation, was the developer’s privately owned land constituted a “public works” on “public property” under §§ 39-5-1(4) and (5), Ala.Code 1975. 6 That decision, however, is res…”
— Ala. Code § 39-5-1(a) — 1 case
— Ala. Code § 39-5-1(b) — 1 case
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