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Responsible Contractor Guidance

This page centralizes EOHLC’s Responsible Contractor Guidance for certain state-funded affordable housing projects — setting standards to prevent wage theft, protect workers, and bar debarred or noncompliant firms. You’ll find the full guidance, a plain-language summary, and all required forms and templates (Certificates of Compliance and Closeout, certified payroll, subcontractor list, sign-in/out log), plus a contact for questions.

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Governor Healey announced Responsible Contractor Guidance when she signed the Affordable Homes Act in August 2024. The guidance reflects the commitment of the Healey-Driscoll Administration to ensuring that construction workers receive the full protection of labor laws, including prohibitions against wage theft and compliance with worker protections. The guidance also makes sure that businesses that violate these laws do not participate in projects receiving funding from the commonwealth.  

The guidance applies to certain projects that receive funding through HLC’s Division of Housing Development for the production and preservation of affordable housing projects.  

This page includes the Responsible Contractor Guidance, related forms, and a summary of the guidance. 

For any questions on the guidance, please contact EOHLC-ContractorGuidance@mass.gov.  

Upcoming virtual trainings

The Executive Office of Housing and Livable Communities (HLC) invites you to attend one of two upcoming virtual trainings on the new Responsible Contractor Guidance.

These sessions will:

  • Provide an overview of the Responsible Contractor Guidance and compliance requirements.
  • Clarify the responsibilities of project owners, general contractors, and subcontractors.
  • Review required documentation, recordkeeping, and reporting processes.
  • Offer an opportunity to ask questions.

Upcoming Virtual Trainings:

  • Tuesday, Oct. 21, 2025 – 3 to 3:45 p.m.

Register for Oct. 21 Session »

  • Tuesday, Oct. 28, 2025 – 3 to 3:45 p.m.

Register for Oct. 28 Session »

One of these sessions will be recorded, and the recording will be posted on this website following the final training. 

Presentation Slides for the October 21, 2025 Responsible Contractor Virtual Training

Responsible Contractor Guidance and forms

Responsible Contractor Guidance

Responsible Contractor Guidance Checklist: Checklist of requirements to help with compliance.

Certificate of Compliance: Form required to be completed by all general contractors and subcontractors before beginning work on a project.

Closeout Certificate for Projects of 21+ Units: Form required to be completed by the general contractor of projects with 21 or more housing units and sent to the project owner at the end of a project certifying compliance with the Guidance.

Closeout Certificate for Projects of 20 or Less Units: Form required to be completed by the general contractor of projects with 20 or less housing units and sent to the project owner at the end of a project certifying compliance with the Guidance.

Certified Payroll: Certified payroll form required to be completed for all employees on the project’s normal payroll schedule.

Subcontractors List: Template for the list of subcontractors that the general contractor must maintain and update monthly for a project.

Sign-In & Sign-Out Log Example: Example form for daily sign-in and sign-out logs. 

Summary of the Responsible Contractor Guidance

Guidance Effective Date: Projects that receive funds from the named sources after January 1, 2025. 

Who Must Follow the Guidance 

  • Project owners (those receiving EOHLC funding for certain housing projects)
  • General Contractors
  • Subcontractors (all tiers) 

Projects covered include new construction, renovation, remodeling, rehabilitation, and redevelopment funded by specific state and federal programs (listed in Appendix A of the Guidance). 

Section I. List of participating subcontractors 

  • The General Contractor must approve and keep an up-to-date list of all subcontractors on a project.
  • The General Contractor must give a list of the subcontractors to the project owner before construction begins on a project
  • The General Contractor must send an updated list of subcontractors to the project owner within 15 days of any changes.
  • This list must be available for inspection by EOHLC and the Attorney General’s Office. 

Section II. Certification of compliance 

Before starting work on a project, every General Contractor and subcontractor must sign a Certificate of Compliance affirming: 

  • To follow wage and hour laws, properly classify employees, and comply with all other applicable worker protection laws.
  • They are not currently debarred from public work by any federal or state agency.
  • They have not had serious labor law violations in the last three years that resulted in:
  • Criminal penalties or debarment
  • Civil penalties with intentional wrongdoing where total fines and damages were more than $15,000.
  • Civil penalties without intentional wrongdoing where total finds and damages were more than $100,000. 

The General Contractor must: 

  • Provide its Certificate of Compliance to the project owner before beginning work.
  • Collect certifications from all contractors/subcontractors before their work starts on the project.
  • Confirm at least monthly to the project owner that certifications and required records are being collected and maintained.
  • Provide all certifications to the project owner after work finishes on the project. 

The project owner must keep these certifications for at least three years after a project finishes. These records must be open for inspection by EOHLC, the Attorney General’s Office, and their representatives.  

Section III. No use of companies found to have committed serious violations of wage and hour or prevailing wage laws 

Project owners must check state and federal debarment lists before hiring a General Contractor. Project owners cannot hire: 

  • Contractors currently debarred from public work by any federal or state agency.
  • Contractors with recent serious or intentional wage and hour law violations within the last three years. 

This rule also applies to subcontractors. Contracts between the project owner and General Contractor must include this prohibition. 

Section IV. Additional requirements 

General Contractors must:

  • Approve all subcontractors in writing before work starts.
  • Post worker rights notices on the job site.
  • Provide payment, performance and lien bonds

General Contractors and all subcontractors must:

  • Before starting work on a project, provide proof from the past 30 days that they are in compliance with the Department of Unemployment Assistance and in good standing with the Department of Revenue.
  • Maintain workers’ compensation insurance, general liability insurance, commercial vehicle insurance and any other insurance required by the project.
  • Collect and keep:
    • OSHA training cards for every worker.
    • Daily records of who was present on the job site.
    • Certified payroll records.

Section V. Exemption for small projects 

Projects with 20 or fewer housing units must comply with only the following requirements: 

  • The General Contractor must provide a Certificate of Compliance to the project owner before beginning work on a project.
  • The General Contractor must collect Certificates of Compliance from each subcontractor before it begins work on the project.
  • Within 15 days of completion of the project, the General Contractor must send to the project owner the Certificates of Compliance for all subcontractors and certify that the General Contractor provided the project owner with all  these certificates.
  • The project owner must keep and make these records available for inspection by EOHLC, the Attorney General’s Office, or any applicable authority for at least three years after the completion of the project. 

Programs Subject to the Responsible Contractor Guidance 

  • Federal Low Income Housing Tax Credits (LIHTC)
  • Massachusetts State Low Income Housing Tax Credits
  • American Rescue Plan Act (ARPA)
  • HOME Investment Partnerships Program (HOME)
  • HOME American Rescue Plan Program (HOME-ARP)
  • National Housing Trust Fund (HTF)
  • Affordable Housing Trust Fund (AHTF)
  • Housing Stabilization and Investment Trust Fund (HSF)
  • Capital Improvement & Preservation Trust Fund (CIPF)
  • Housing Innovations Fund (HIF)
  • Facilities Consolidation Fund (FCF)
  • Community-Based Housing (CBH)
  • Transit Oriented Development (TOD) 

Contact

Online

Contractor Guidance Email Contractor Guidance at EOHLC-contractorguidance@mass.gov

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