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Construction Reform

 

NEW PUBLIC CONSTRUCTION REFORM LAW*

SEPTEMBER 8, 2004

Chapter 193 of the Acts of 2004, entitled "An Act Further Regulating Public Construction In the Commonwealth" was signed into law on July 19, 2004. Chapter 193 changed public construction statutes, thresholds, and procedures to be followed for public construction projects. Highlights of the new law include: new higher thresholds for general and filed sub-bidders; DCAM certification requirements for filed sub-bidders; prequalification requirements for both general bidders and filed sub-bidders on certain public building projects; an owner's project manager requirement for certain projects; an MBE/WBE program requirement for state funded municipal projects; and a new statute, M.G.L. c. 149A, created to permit the use of the construction manager at risk alternative delivery method on larger public building construction projects. In addition, the new law permits the use of the design build construction delivery method for larger public works projects.

As an aid, DCAM and the Inspector General have created a Public Construction Reform FAQ divided into four sections:

GENERAL INFORMATION (Updated 04/21/2005)

PREQUALIFICATION AND CERTIFICATION (Updated 04/21/2005)

AFFIRMATIVE MARKETING PROGRAM (Updated 04/21/2005)

ALTERNATIVE DELIVERY METHODS (CONSTRUCTION MANAGER AT RISK AND DESIGN BUILD) (Updated 04/21/2005)
COMPLETE FAQ (Updated 04/21/2005)

ALERT - Please be advised that the Office of the Inspector General and the Division of Capital Asset Management and Maintenance have jointly issued the following important public memoranda regarding the new construction reform law:

Requlations for Prime/General Contractors and Sub-Bidders (These regulations are unofficial and for informational use only and that the official version can be obtained in printed form at the State Bookstore at (617) 727-2831.)

Sub-bidder Update Statement (Updated 05/2006)

Regulations for General Contractor and Subcontractor Prequalifiction

Standard Forms for General Contractor Prequalification

Standard Forms for Subcontractor Prequalification

*PLEASE BE ADVISED THAT THE INFORMATION PROVIDED ON THIS WEBSITE WILL BE UPDATED REGULARLY. THEREFORE, PLEASE BE SURE TO CHECK THIS WEBSITE FREQUENTLY AND CONSULT WITH YOUR LEGAL COUNSEL FOR ADDITIONAL INFORMATION.