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Section 39-5-1
Section 39-5-1Contracts let in violation of law unenforceable; certificate of compliance; rebuttable presumption of compliance.
(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.)Section 39-5-2
Section 39-5-2Issuance of false or fraudulent certificate of compliance.
Any awarding authority or its agents issuing a willfully false or fraudulent certificate as required by Section 39-5-1 shall be guilty of a felony and, on conviction thereof, shall be fined not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000) or, at the discretion of the jury, shall be imprisoned in the penitentiary for not less than one nor more than three years.
(Acts 1961, No. 868, p. 1361, §6; Acts 1997, No. 97-225, p. 348, §1.)Section 39-5-3
Section 39-5-3Actions to recover funds received under such contracts.
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 awarding authority, to recover paid public funds from the contractor, its surety, or any person receiving funds under any public works contract let in violation of or contrary to this title or any other provision of law, if there is clear and convincing evidence that the contractor, its surety, or such person knew of the violation before execution of the contract. The action shall be commenced within three years of final settlement of the contract.
(Acts 1961, No. 868, p. 1361, §2; Acts 1997, No. 97-225, p. 348, §1.)Section 39-5-4
Section 39-5-4Actions to enjoin letting or execution of such contracts or payment of public funds thereunder.
The Attorney General, a bona fide unsuccessful or disqualified bidder, or any interested citizen may maintain an action to enjoin the letting or execution of any public works contract in violation of or contrary to the provisions of this title or any other statute and may enjoin payment of any public funds under any such contract. In the case of a successful action brought by a bidder, reasonable bid preparation costs shall be recoverable by that bidder. The action shall be commenced within 45 days of the contract award.
(Acts 1961, No. 868, p. 1361, §3; Acts 1997, No. 97-225, p. 348, §1.)Section 39-5-5
Section 39-5-5Persons entering into contracts for public works presumed to have notice of title.
All persons or parties entering into contracts or agreements with an awarding authority for the construction of a public work shall be conclusively presumed to have notice of the provisions of this title.
(Acts 1961, No. 868, p. 1361, §5; Acts 1997, No. 97-225, p. 348, §1.)Section 39-5-6
Section 39-5-6Provisions of title mandatory; construction and application of title.
The provisions of this title are mandatory, and shall be construed to require strict competitive bidding on contracts for public works. The courts shall not invoke or apply any principle of quantum meruit, estoppel, or any other legal or equitable principle which would allow recovery for work and labor done or materials furnished under any contract let in violation of competitive bidding requirements as prescribed by law.
(Acts 1961, No. 868, p. 1361, §4; Acts 1997, No. 97-225, p. 348, §1.)
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