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This first known decision interpreting the statute clarifies the consequences of an Owner’s failure to properly reject applications for payment.
A recent first-of-its-kind ruling from the Massachusetts Superior Court provides a critical lesson for project owners and contractors concerning the Massachusetts Prompt Payment Act (the “Prompt Pay Act”). In
Tocci v. IRIV Partners, LLC, et al., Suffolk Superior Court, 19CV000405 (November 19, 2020), the Court awarded over $4 million to a contractor as a result of the project owner’s failure to timely and properly reject the contractor’s applications for payment in accordance with the Prompt Pay Act. In so doing, the Court held that the Prompt Pay Act