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March 19, 2024 Clouds | 34°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 61: Certification that construction work can be accomplished within appropriation or authorization for the project and comports with study or program

Section 61. No allotment, encumbrance, or expenditure of funds appropriated or authorized for the construction of a capital facility project shall be approved by the comptroller unless the executive head of the agency administering the project, or other person provided for by statute, certifies in writing that the construction work can be accomplished: (a) within the appropriation or authorization for the project, and (b) without substantial deviation from: (i) any study or program which must be prepared in accordance with section 59, or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the construction work be such as would result in a change in the number of square feet to be constructed in the project of more 10 ten per cent from the number specified in the study, program or other predesign document referred to in subclauses (i) and (ii) of clause (b).

No state agency, as defined by section 1, administering a facility administering project shall enter into any contracts or incur any obligations or cause to be performed construction of that project if such would result in the completion of a project which cannot be accomplished (a) within the appropriation or authorization for the project, and (b) without substantial deviation from: (i) any study or program which must be prepared in accordance with section 59, or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the construction work be such as would result in a change in the number of square feet to be constructed in the project of more than 10 per cent from the number specified in the study, program or other predesign document referred to in subclauses (i) and (ii) of clause (b).