Tom Dunn Authors Article for AGC MA: Five Steps to Consider Now to Comply with Massachusetts’ Prompt Pay Act
In “Building Best Practices,” an AGC MA publication, firm construction law partner Tom Dunn discusses the Massachusetts Prompt Pay Act, which imposes strict deadlines for responding to payment applications and change order requests on qualifying private commercial construction projects.
Tom examines two recent Massachusetts Supreme Judicial Court decisions that clarify the Act’s requirements and their implications for contractors, discussing five steps to help construction companies reduce risk: align contracts and response forms with statutory deadlines, pay undisputed amounts promptly, follow the pay-first rule when deadlines are missed, establish clear procedures for submitting payment applications and change order requests, and evaluate arbitration provisions.
Proactive contract drafting and consistent internal procedures can help contractors meet statutory obligations, avoid costly disputes, and keep construction projects moving.
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Tom Dunn concentrates his practice in construction law and complex business dispute resolution representing clients in various sectors of the construction industry, including power generation, utility and road work, painting, and plumbing and mechanical work. He has held a variety of leadership positions with AGC MA during the course of his career, and is currently Editor in Chief of “Building Best Practices.”
AGC MA works collaboratively to improve the construction industry through consensus-building initiatives, impactful programs, and dynamic member services that advocate for commercial constructors.