Up Front

Mass. Appeals Court Upholds Prompt Pay Act

Boston – Associated Subcontractors of Massachusetts (ASM) announced that, on June 7, the Massachusetts Appeals Court affirmed the Superior Court decision in the case of Tocci Building Corporation vs. IRIV Partners, LLC., upholding the Massachusetts Prompt Pay Act. The case is relevant for subcontractors and general contractors because it examined and upheld the meaning of the language in the statute. In upholding the Superior Court’s decision, the court rejected the defendant’s argument that they had substantially complied with the requirements in the law. The decision gives full meaning to the requirements contained in the Prompt Pay Act.

ASM filed an amicus brief with the court in January when the case was heard at oral argument. ASM notes that the amicus, authored by ASM member Joe Barra with the firm Robinson & Cole LLP, provided the court with an explanation of the intent of the Prompt Pay Act and explained the importance of upholding a strict reading of the language in the statute. The court acknowledged ASM’s position and the brief was cited twice in the court’s decision.

Link to Appeals Court decision:
https://www.mass.gov/files/documents/2022/06/07/k21P0393.pdf

Link to ASM Amicus Brief:
https://cdn.ymaws.com/www.associatedsubs.com/resource/resmgr/for_enews/ASM_s_Amicus_Brief_in_suppor.pdf