Bill Text: MA H1804 | 2009-2010 | 186th General Court | Introduced
Bill Title: Promote fairness in private construction contracts
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-06-02 - Amended by substitution of a bill with the same title, see H04721 [H1804 Detail]
Download: Massachusetts-2009-H1804-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
David L. Flynn
_______________
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 passage of the accompanying bill:
An Act to Promote Fairness in Private Construction Contracts.
_______________
PETITION OF:
Name: |
District/Address: |
David L. Flynn |
8th Plymouth |
Marc R. Pacheco |
First Plymouth and Bristol |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE HOUSE, NO. 1789 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act to Promote Fairness in Private 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:
SECTION 1.
(a) Sections 1 through 7, and amendments thereto, shall be known as the Massachusetts fairness in private construction contract act.
(b) The rights and duties prescribed by this act shall not be waivable or varied under the terms of a contract. The terms of any contract waiving the rights and duties prescribed by this act shall be void and unenforceable.
SECTION 2. Definitions.
As used in this act:
(a) ‘‘Construction’’ means the whole or the part of the erection, alteration, repair or removal of a building, structure or other improvement to real property, whether underground or above ground, or the furnishing of material or rental equipment, appliances or tools therefor.
(b) ‘‘Contract’’ means a written agreement concerning construction made and entered into by and between an owner and a contractor, a contractor and a subcontractor or a subcontractor and another subcontractor, including all plans, specifications and addenda relating thereto.