SENATE DOCKET, NO. 1504        FILED ON: 1/14/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 692

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to the payment of labor and materials..

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.  Section 29 of Chapter 149 of the General Laws as appearing in the 2006 Official Edition is hereby amended by striking out the second paragraph and inserting in place thereof the following new paragraph:-

In order to obtain the benefit of such bond for any amount claimed due under the original contract as adjusted by approved change orders and unpaid at any time, any claimant having a contractual relationship with the contractor principal furnishing the bond, who has not been paid in full for any amount claimed due under the original contract as adjusted by approved change orders for the labor, materials, equipment, appliances or transportation included in the paragraph (1) coverage within sixty-five days after the due date for same, shall have the right to enforce any such claim (a) by filing a petition in equity within one year after the day on which such claimant last performed the labor or furnished the labor, materials, equipment, appliances or transportation included in the claim and (b) by prosecuting the claim thereafter by trial in the superior court to final adjudication and execution for the sums justly due the claimant as provided in this section.