HOUSE DOCKET, NO. 2821        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3086

The Commonwealth of Massachusetts

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PRESENTED BY:

Christopher M. Markey

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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 adoption of the accompanying bill:

An Act further defining fraud in public construction contracts.

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PETITION OF:

HOUSE DOCKET, NO. 2821        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3086

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act further defining fraud in public 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:
 

Subsection (a) of section 39M of chapter 30 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by striking out, in lines 21 to 23, the words “The undersigned certifies under penalties of perjury this bid is in all respects bona fide, fair and made without collusion or fraud with any other person” and inserting in place thereof the following words –

“The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion with any other person or entity or fraud. As used in this paragraph the word “fraud” shall mean a statement, act or omission relating to a material fact of significant importance to the construction project at issue that (i) has been relied upon to detriment of an awarding authority or its representatives (ii) is knowingly false or misleading or is in reckless disregard of its truth or falsity and (iii) is intended to mislead and has been shown by clear and convincing evidence to have done so”