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Section 41-9-62 of the Code of Alabama sets out the jurisdiction of the
Board of Adjustment. Among the types of claims over which the Board has
jurisdiction are claims "arising out of any contract, express or implied, to
which the State of Alabama or any of its agencies, commissions, boards,
institutions or departments are parties." Section 41-9-62(a)(4).
If you and/or your company have provided goods and/or services to the State
of Alabama or any of its agencies, commissions, etc., you are entitled to
payment in accordance with Alabama law. (See section 41-16-3 of the Code of
Alabama by clicking on the Statutes tab located on the Home page of this
website.) If a state agency fails to provide a timely payment, you must file
a claim with the Board of Adjustment within ONE YEAR of the
date of the original invoice. The Board of Adjustment MAY
extend the date from which the one-year limitations period begins to run
IF your business can provide evidence of regular attempts
to collect the amount owed from the state agency. Examples of evidence would
include, but not be limited to, regular and persistent invoicing, letters to
the state agency seeking payment, logs of telephone calls made to seek
payment, with the name of the agency employee contacted, and other similar
types of evidence.
If the claim is not filed with the Board of Adjustment within ONE
YEAR of the date of the original invoice, the Board is legally
prohibited from hearing and considering it. The state agency cannot waive
the Board's statute of limitations; the statute of limitations is an
absolute bar to a claim.
Downloadable claim forms and instructions as well as other helpful
information can be found on this website at "Forms and Instructions."
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