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| 2 | 2 | | HOUSE DOCKET, NO. 1655 FILED ON: 1/18/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3000 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Daniel Cahill |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to default insurance programs for certain public construction projects. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel Cahill10th Essex1/18/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1655 FILED ON: 1/18/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3000 |
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| 18 | 18 | | By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 3000) of Daniel |
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| 19 | 19 | | Cahill relative to default insurance programs for certain public construction projects. State |
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| 20 | 20 | | Administration and Regulatory Oversight. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act relative to default insurance programs for certain public construction projects. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 Section 1. Section 8 (a) of Chapter 149A of the General Laws as appearing in the 2018 |
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| 30 | 30 | | 2Official Edition is hereby amended by striking out paragraph 2 and inserting in place thereof the |
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| 31 | 31 | | 3following new paragraph:- |
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| 32 | 32 | | 4 All trade contracts entered into in accordance with this chapter shall be secured by |
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| 33 | 33 | | 5performance and payment bonds in the full amount of the trade contract from a surety company |
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| 34 | 34 | | 6licensed to do business in the commonwealth and whose name appears on United States Treasury |
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| 35 | 35 | | 7Department Circular 570; provided that the bonds are subject to subsection (3) of section 44F of |
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| 36 | 36 | | 8chapter 149 except for those subcontracts subject to a subcontractor default insurance policy |
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| 37 | 37 | | 9obtained by the construction management at risk firm. The construction manager at risk firm to |
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| 38 | 38 | | 10obtain a subcontractor default insurance policy in lieu of the requirement that all trade |
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| 39 | 39 | | 11contractors obtain payment and performance bonds. The intention to use a subcontractor default 2 of 2 |
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| 40 | 40 | | 12insurance policy shall be made known by the awarding authority and construction manager at |
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| 41 | 41 | | 13risk firm prior to the receipt of trade contractor bids pursuant to subsection (g) of this section. |
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