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| 2 | 2 | | HOUSE DOCKET, NO. 3447 FILED ON: 1/17/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 362 |
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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 | | Ann-Margaret Ferrante |
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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 partial payment. |
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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:Ann-Margaret Ferrante5th Essex1/17/2025 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3447 FILED ON: 1/17/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 362 |
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| 18 | 18 | | By Representative Ferrante of Gloucester, a petition (accompanied by bill, House, No. 362) of |
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| 19 | 19 | | Ann-Margaret Ferrante for legislation to further regulate residential contracting agreements. |
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| 20 | 20 | | Consumer Protection and Professional Licensure. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 288 OF 2023-2024.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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| 26 | 26 | | (2025-2026) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act relative to partial payment. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Section 2 of chapter 142A of the General Laws, as appearing in the 2018 |
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| 32 | 32 | | 2Official Edition, is hereby amended by striking out clause (6), and inserting in place thereof the |
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| 33 | 33 | | 3following:- |
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| 34 | 34 | | 4 (6) a time schedule of payments to be made under said contract and the amount of each |
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| 35 | 35 | | 5payment stated in dollars, including all finance charges. Any deposit required under the contract |
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| 36 | 36 | | 6to be paid in advance of the commencement of work under said contract shall not exceed the |
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| 37 | 37 | | 7greater of one-third of the total contract price or the actual cost of any materials or equipment of |
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| 38 | 38 | | 8a special order or custom made nature, which must be ordered in advance of the commencement |
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| 39 | 39 | | 9of work, in order to assure that the project will proceed on schedule. No final payment shall be |
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| 40 | 40 | | 10demanded until the contract is completed to the satisfaction of the parties thereto; provided, 2 of 2 |
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| 41 | 41 | | 11however, the provisions of this clause (6), except for the first sentence, shall not apply to |
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| 42 | 42 | | 12contractors furnishing a performance and payment bond, lien or completion bond, or a bond |
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| 43 | 43 | | 13equivalent approved by the director of consumer affairs and business regulation covering a |
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| 44 | 44 | | 14minimum of two million dollars; |
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| 45 | 45 | | 15 SECTION 2. Said section 2 of chapter 142A, as so appearing, is hereby further amended |
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| 46 | 46 | | 16by adding at the end thereof the following:- |
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| 47 | 47 | | 17 Any violation of this section shall constitute an unfair method of competition or unfair or |
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| 48 | 48 | | 18deceptive act or practice in violation of chapter 93A. |
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