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HOUSE DOCKET, NO. 3278 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3385
The Commonwealth of Massachusetts
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PRESENTED BY:
Christopher M. Markey
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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 further defining fraud in public construction contracts.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Christopher M. Markey9th Bristol1/17/2025 1 of 2
HOUSE DOCKET, NO. 3278 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3385
By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 3385) of
Christopher M. Markey relative to further defining fraud in public construction contracts. State
Administration and Regulatory Oversight.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3086 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act further defining fraud in public 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 Subsection (a) of section 39M of chapter 30 of the General Laws, as appearing in the
22022 Official Edition is hereby amended by striking out, in lines 21 to 23, the words “The
3undersigned certifies under penalties of perjury this bid is in all respects bona fide, fair and made
4without collusion or fraud with any other person” and inserting in place thereof the following
5words –
6 “The undersigned certifies under penalties of perjury that this bid is in all respects bona
7fide, fair and made without collusion with any other person or entity or fraud. As used in this
8paragraph the word “fraud” shall mean a statement, act or omission relating to a material fact of
9significant importance to the construction project at issue that (i) has been relied upon to
10detriment of an awarding authority or its representatives (ii) is knowingly false or misleading or 2 of 2
11is in reckless disregard of its truth or falsity and (iii) is intended to mislead and has been shown
12by clear and convincing evidence to have done so”