Section 39A: Construction contracts for public ways, airports or public works; truck rentals; security for payment
Section 39A. Officers or agents executing a contract in behalf of the commonwealth or any agency thereof, or in behalf of any political subdivision thereof, for the construction, repair, alteration or improvement of public ways, airports or similar public works, wherein it is contemplated that dump trucks will be hired from common or contract carriers for use in the prosecution of such contract or for the delivery of materials to be incorporated in such work, shall obtain from the general or prime contractor, in addition to the security required by section thirty-nine, sufficient security for payment of all such rental or transportation charges for the hire or use of such dump trucks upon such contract, whether such charges are incurred by the contractor, subcontractor or suppliers or transporters of materials to be incorporated in the work.
Such security for payment of transportation charges shall be incorporated by appropriate reference thereto as an additional obligation or condition in the general bond required by section thirty-nine.
If required by the general or prime contractor, any subcontractor or supplier of materials who rents dump trucks from common or contract carriers in the prosecution of his work or for the transportation or delivery of materials to be incorporated in the work shall furnish to the general contractor a payment bond written by a surety company as security for payment of all such rental and transportation charges which he may incur on such contract and to indemnify and save harmless the general contractor from such liability.
In order to obtain the benefit of such security, the claimant shall file with the contracting officer or agency a sworn statement of his claim within sixty days after the transportation has been furnished or provided, and shall within one year after the filing of such claim, file a petition in the superior court for the proper county to enforce his claim or intervene in a petition already filed; and the provisions of chapter two hundred and fifty-eight shall apply to such petition; provided, that, notwithstanding the foregoing, in case a petition has been duly filed hereunder, any other person who has duly filed a claim solely for transportation furnished or provided in connection with a certain public works project, may obtain his rights in the following manner: the court, before making final disposition of such petition, shall examine all claims which may arise under this section and which have been duly filed in accordance herewith; may determine the respective amounts due such claimants and their rights to participate in the security and apply the security to the claimants held entitled thereto; and the court shall have the power and authority to compel the attendance of any official, with whom such claim may be on file, with such claims. The court may require such officials to furnish for the use of the court copies of any such claim as may be on file. Any claimant whose claim has been duly filed shall have the right to appear at any hearings on any petition without formally intervening by any pleadings, and may object, except or appeal from any ruling or decision adversely affecting his claim to the same extent and in the same manner as though he had intervened by formal pleadings.
A general or prime contractor against whom final judgment has been entered as a result of claims arising out of transportation charges incurred by a sub-contractor or materials supplier on any such contract may file a petition in the superior court for the proper county to enforce his claim for reimbursement from such sub-contractor or materials supplier within one year after the date of final judgment.