Construction reforms are now Mass law

After months of wrangling, a new package of reforms now changes the ways state and local governments manage public construction projects. The sweeping overhaul, which became effective July 19, marks the first time in nearly 25 years that the Commonwealth has made any significant construction law changes.

Construction industry professionals, including those in the plumbing trades, praised the reforms. But the commission of trades reps that helped craft the legislation characterized the revisions as a boon to everyone connected to public construction, including public agencies and taxpayers. Contractors will have more opportunities to bid on public projects, but agencies will have more autonomy in choosing contractors.

Local No. 12 Business Manager Kevin Cotter praised State Senator Dianne Wilkerson and State Representative Marty Walsh for chairing the broad-based commission. "There were people both for and against the filed sub-bid law," Cotter says. "But through education, people in the industry were able to win over opponents."

Among the highlights, the reform package maintains the state's filed sub-bid system, although it now applies to projects with a higher threshold of $20,000. The reforms also require owners to appoint a professional project manager for all projects over $1.5 million, establish annual DCAM certification for subcontractors, and create pre-qualification guidelines for contractors and subcontractors on projects over $10 million.

Significantly, the laws now allow so-called "alternative methods" of construction for projects over $5 million. The Construction Manager at-Risk provision places the responsibility of cost overruns on contractors, while Design-Build allows one firm to handle road and bridge projects in the state from planning through completion.


Next page: Plumbing code changes on tap
Complete Fall, 2004 newsletter (pdf file)