By Mr. Wagner of Chicopee, petition (accompanied by bill, House, No. 3263) of Joseph F. Wagner for legislation to provide for timely final payments on contracts for public works construction projects. State Administration and Regulatory Oversight.

The Commonwealth of Massachusetts

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PETITION OF:

Joseph F. Wagner

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In the Year Two Thousand and Seven.

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An Act to provide timely final payment for contracts for public works construction in the commonwealth.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Section 39G of chapter 30 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following paragraph:-

                The awarding authority shall give written notice to the contractor within 365 days of issuance of a final estimate, or within 425 days of receipt of notice from the contractor stating that all of the work required by the contract has been completed, whichever is later, of any quantity or amount of all or part of any work item or extra work item, which the awarding authority determines to adjust, stating specifically what item or items and the quantity or amount that the authority has determined to be a final quantity or amount.  Failure of the authority to give such notice shall preclude any adjustment thereafter.