HOUSE DOCKET, NO. 2291 FILED ON: 1/15/2015
HOUSE . . . . . . . . . . . . . . . No. 2719
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The Commonwealth of Massachusetts
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PRESENTED BY:
Thomas J. Calter
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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 relative to the indemnity and insurance responsibility on certain public construction projects.
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PETITION OF:
Name: | District/Address: | Date Added: |
Thomas J. Calter | 12th Plymouth | 1/15/2015 |
HOUSE DOCKET, NO. 2291 FILED ON: 1/15/2015
HOUSE . . . . . . . . . . . . . . . No. 2719
By Mr. Calter of Kingston, a petition (accompanied by bill, House, No. 2719) of Thomas J. Calter for legislation to provide for the equitable assessment of liability against project designers and construction managers for certain public construction projects. State Administration and Regulatory Oversight. |
The Commonwealth of Massachusetts
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In the One Hundred and Eighty-Ninth General Court
(2015-2016)
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An Act relative to the indemnity and insurance responsibility on certain public construction projects.
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 3 of Chapter 149A of the General Laws as appearing in the 2012 Official Edition is hereby amended by adding the following new subsection (c)
(c) Any consultation services provided to the public agency or to the designer by the construction manager at risk shall not render the construction manager at risk responsible for costs associated with errors or omissions in the work of the designer or modifications in design proposed or accepted by the public agency except to the extent such costs are established to be the proximate result of the acts or omissions of the construction manager at risk.
SECTION 2. Section 7 of Chapter 149A of the General Laws as appearing in the 2012 Official Edition is hereby amended by adding the following new subsection (d)
(d) The construction manager at risk selected pursuant to this section by the public agency shall not indemnify and shall not be required by contract to indemnify the public agency or the designer for costs associated with errors or omissions in the work of the designer or modifications in design proposed or accepted by the public agency except to the extent such costs are established to be the proximate result of the acts or omissions of the construction manager at risk.