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S 2186

Enacts the accessible electronic information act

2025 Regular Session Introduced by Kevin Parker

Public contracts must approve or reject written requests for price increases within 30 days (extended by up to 7 days for lower tiers), otherwise the request is deemed approved.

REFERRED TO FINANCE
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Bill Summary · S 2186

Summary — S.2186 (Commonwealth of Massachusetts)

Title shown in docket: An Act relative to timely public payments for work not included in original construction contracts

Overview / Purpose

S.2186 amends Section 39G of Chapter 30 (General Laws) to require public construction contracts and related subcontracts to include firm, short timeframes for approving or rejecting written requests for increases in contract price (change orders, extra work claims). The bill is intended to accelerate approval decisions and timely payment for work not included in original contracts, reducing cash‑flow delays for contractors and subcontractors on public projects.

Note: The bill text provided addresses public construction payment procedures. (A conflicting title — “Enacts the accessible electronic information act” — appears elsewhere in the materials; this summary follows the bill text concerning timely public payments.)

Key provisions

  • Applicability: Applies to every contract subject to:
    • Section 44A of Chapter 149,
    • Section 39M of Chapter 30,
    • Chapter 149A, and to every applicable subcontract or trade contract.
  • Mandatory response period: Contracts must provide a reasonable time period, not to exceed 30 days, within which a written request for an increase in contract price must be approved or rejected. The 30-day clock runs from the later of (a) commencement of the work that forms the basis of the request or (b) submission of the written request.
  • Tiered extension: For parties below the owner (i.e., subcontractor tiers), the response period may be extended by up to 7 additional days beyond the period applicable to the tier above.
  • Deemed approval: If a request is neither approved nor rejected within the applicable period, it is deemed approved and may be submitted for payment with the next periodic progress payment (subject to payment timing).
  • Rejection requirements: Any rejection (full or partial) must be:
    • In writing,
    • Include an explanation of the factual and contractual basis for the rejection,
    • Certified as made in good faith. Rejections remain subject to the contract’s dispute resolution procedures.
  • Void clause: Any contract clause that requires delaying the commencement of the dispute procedure to a date later than 60 days after rejection is void and unenforceable.

Who is affected

  • Public owners (state agencies, municipalities) and their contracting officers
  • Prime contractors, subcontractors, and trade contractors on public construction projects governed by the cited statutory provisions
  • Project administrators, auditors, and dispute resolution authorities

Procedural / Timeline notes

  • The bill sets clear short deadlines: maximum 30-day approval/rejection window, with a possible +7 days per lower tier, and invalidates contract language pushing dispute processes beyond 60 days after rejection.
  • If enacted, projects will need to update contract templates and administrative procedures to comply.

Potential impacts

  • Benefits: Faster resolution of change orders; improved cash flow and predictability for contractors/subcontractors; reduced informal delays.
  • Administrative burden: Public owners and contracting staff will need to respond more quickly and document rejections thoroughly (written, fact-based, good faith certification).
  • Risk shift: Deemed approvals could increase public payment obligations and prompt more formal disputes/litigation if owners believe work is not compensable.

Legislative status & sponsors (as provided)

  • Introduced in Senate: 2025-06-26 (Read twice; referred to Judiciary). Other actions record referrals to State Administration and Regulatory Oversight, reporting favorably, referral to Senate Ways & Means, and current status listed as REFERRED TO FINANCE (1/15/2025 entries).
  • Principal filer in the Massachusetts Senate: Michael O. Moore (Second Worcester). Several other names appeared in the provided sponsor list; the bill text indicates presentation by Senator Moore.

Notes

  • The summary is based on the bill text amending Section 39G of Chapter 30. If you want, I can draft suggested model contract language (clauses) that would comply with the bill’s requirements, or prepare a one‑page explainer for contracting officers.

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

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