1 of 1
HOUSE DOCKET, NO. 970 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 3334
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
William C. Galvin
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to timely public payments for work not included in original construction
contracts.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:William C. Galvin6th Norfolk1/14/2025 1 of 2
HOUSE DOCKET, NO. 970 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 3334
By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 3334) of
William C. Galvin relative to timely payments for work not included in public construction
contracts. State Administration and Regulatory Oversight.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to timely public payments for work not included in original construction
contracts.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 39G of chapter 30 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by inserting after the eighth paragraph the following
3paragraph:
4 Every contract subject to section 44A of chapter 149 or subject to section 39M of chapter
530 or subject to chapter 149A, and every subcontract or trade contract as applicable, shall
6provide a reasonable time period within which a written request submitted by a person seeking
7an increase in the contract price shall be approved or rejected, whether in whole or in part. The
8time period shall not exceed 30 days after the later of commencement of the performance of the
9work on which the request is based or submission of the written request; provided, however, that
10the time period, as applicable to approval or rejection by the person at each tier of contract below
11the owner of the project, may be extended by 7 days more than the time period applicable to the
12person at the tier of contract above the person. A request which is neither approved nor rejected 2 of 2
13within such time period shall be deemed to be approved and may be submitted for payment
14within the next application for a periodic progress payment, unless it is rejected before the date
15payment if due. A rejection of a request, whether in whole or in part, shall be made in writing,
16shall include an explanation of the factual and contractual basis for the rejection and shall be
17certified as made in good faith. A rejection of a request shall be subject to the applicable dispute
18resolution procedure. A provision in the contract which requires a party to delay commencement
19of the procedure until a date later than 60 days after the rejection shall be void and
20unenforceable.