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HD 4143

An Act state funded contruction work

194th Legislature (2025-2026) Introduced by Kelly Pease

Requires all state construction contracts to include a two-year completion schedule; if not met, a 10% monthly penalty, with up to six months extension approved by DCAMM rules.

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Bill Summary · HD 4143

Summary: An Act state funded construction work (HD 4143)

Overview

HD 4143, titled “An Act state funded construction work,” would require all construction contracts entered into by any Commonwealth agency to include a two-year schedule for completion. If a project is not completed within that schedule, a financial penalty would apply. The bill includes a mechanism for extensions in cases of unforeseen issues and directs the commissioner of the Division of Capital Asset Management and Maintenance (DCAMM) to establish rules for processing extensions. The measure takes effect upon passage.

Note: The bill text indicates an introduction date of January 17, 2025 (House Docket No. 3401). The user-provided “Introduced” date (November 29, 2025) appears inconsistent with the bill’s official filing date.

Key Provisions

  • Two-year completion schedule (Section 1): All construction contracts offered or entered into by Commonwealth agencies must specify a two-year timeline for completion.

  • Financial penalty for delays: If a project is not completed within the two-year schedule, a penalty equal to 10% of the contract’s value is assessed. The penalty is levied monthly until the project is concluded.

  • Extension mechanism: If unforeseen issues arise, the contractor may submit a written explanation to the DCAMM commissioner and seek an extension for a specific amount of time, not to exceed six months. The commissioner would promulgate rules and regulations to govern the appeal process.

  • Regulatory framework (Section 1): The commissioner of the DCAMM is responsible for establishing the procedures for approving and handling extensions through rules and regulations.

  • Effective date (Section 2): The act would take effect upon passage.

Affected Parties

  • Commonwealth agencies and their procurement/contracts for construction projects.
  • Contractors and bidders on state construction projects.
  • DCAMM (Division of Capital Asset Management and Maintenance) and its Commissioner, who would administer the extension process and penalties.

Timetable and Process

  • Effective date: Immediate upon passage.
  • Contract planning: Agencies would need to embed a two-year schedule into all construction contracts.
  • Dispute/extension process: Contractors may request up to a six-month extension for unforeseen issues, subject to DCAMM approval and regulatory rules.
  • Regulations: The DCAMM commissioner is tasked with promulgating the necessary rules to implement extensions.

Potential Impacts and Considerations

  • The 10% monthly penalty could substantially increase project costs and affect budgeting and risk management for state construction.
  • The extension mechanism provides a limited window (up to six months) to address delays caused by unforeseen circumstances, offering some flexibility.
  • The requirement for a two-year schedule may influence project planning, procurement timelines, and subcontracting arrangements.
  • Adoption would require the DCAMM to develop new regulations governing extensions, appeals, and penalties.

Source

  • Massachusetts House Bill HD 4143, “An Act state funded construction work,” filed January 17, 2025 (House Docket No. 4143, House No. 3401).

Compiled from official sources — confirm details with the bill’s official record.

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