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Pease files bill to impose two-year deadline, steep monthly penalties on state construction contracts
Summary
A bill filed Jan. 17 by Rep. Kelly W. Pease would require all state-funded construction contracts to include a two-year completion schedule, impose a 10% monthly penalty for missed deadlines, and allow the commissioner of the Division of Capital Asset Management and Maintenance to grant limited extensions.
A bill filed Jan. 17, 2025, by Representative Kelly W. Pease would require every state-funded construction contract in Massachusetts to specify a two-year schedule for completion and impose financial penalties for missed deadlines. The proposal, House Bill No. 3401, would levy a penalty equal to 10% of the value of the contract each month a project remains incomplete.
The bill text says contractors that encounter unforeseen issues could submit a written explanation to the commissioner of the Division of Capital Asset Management and Maintenance and appeal for an extension not to exceed six months. The commissioner would be required to promulgate rules and regulations governing that appeals process, the bill says. The measure notes it is “notwithstanding any general or special law to the contrary, including the provisions of Chapter 149 of the General Laws.”
If enacted, the act would take effect upon passage, according to the bill’s Section 2. The filing lists State Administration and Regulatory Oversight as the committee reference. The bill is presented by Representative Kelly W. Pease of the 4th Hampden District.
The proposal, as written, creates a mandatory two-year completion window for state construction work, a monthly financial penalty mechanism, a six-month cap on extensions granted by the commissioner, and a rulemaking charge for that office. The bill does not specify implementation details such as how penalties would be collected or applied in the case of project changes, nor does it include exemptions beyond the described appeals process.
