"Claim", an allegation that a person seeking payment of retainage breached the person's contract for construction for the project; provided, however, that a "claim" shall be subject to the applicable dispute resolution procedure, notice and other requirements in the contract for construction.
"Contract for construction", a contract for which a lien may be established under sections 2 or 4 of chapter 254 on a project for which the person whose contract with the project owner has an original contract price of not less than $3,000,000; provided, however, that "contract for construction" shall not include a project containing or designed to contain at least 1 but not more than 4 dwelling units.
"Deliverable", a project close-out document that shall be submitted by the person seeking payment of retainage under the person's contract for construction; provided, however, that a lien waiver or release, which is a deliverable, shall comply with chapter 254; and provided further, that "deliverable" shall not include any document affirming, certifying or confirming completion or correction of labor, materials or other items furnished or incomplete or defective work.
"Incomplete or defective work", labor, materials or any other item required for full performance by a person seeking payment of retainage which remains to be furnished by the person under the person's contract for construction or which has been furnished by the person but requires correction, repair, further completion, revision or replacement; provided, however, that "incomplete or defective work" shall not include deliverables or labor, materials or any other item to be repaired or replaced after substantial or final completion pursuant to a warranty, guarantee or other contractual obligation to correct defective work after substantial or final completion.
"Person", any natural person, joint venture, partnership, corporation or other business or legal entity who enters into a contract for construction.
"Prime contractor", a person who enters into a contract for construction with the project owner.
"Retainage", a portion or percentage of a payment due pursuant to a contract for construction that is withheld to ensure full performance of the contract for construction.
"Substantial completion", the stage in the progress of the project when the work required by the contract for construction with the project owner is sufficiently complete in accordance with the contract for construction so that the project owner may occupy or utilize the work for its intended use; provided further, that "substantial completion" may apply to the entire project or a phase of the entire project if the contract for construction with the project owner expressly permits substantial completion to apply to defined phases of the project.
FORM FOR NOTICE OF SUBSTANTIAL COMPLETION
NOTICE OF SUBSTANTIAL COMPLETION
Under M.G.L. c. 149, §29F
For [project name]
To [project owner]:
The undersigned hereby gives notice that the project was substantially complete, as defined under M.G.L. c. 149, §29F, on [date of substantial completion]. This notice is certified as made in good faith on [date of notice].
By_____________________________
[prime contractor]
Accepted:
By_____________________________
[project owner]
Dated: _________________________
Subject to subsection (g), an application for payment of retainage shall be paid not later than 30 days following submission of the application; provided, however, that the time period for payment of an application for retainage by the person at each tier of contract below the owner of the project may be extended by 7 days longer than the time period applicable to the person at the tier of contract above the person.
Mass. Gen. Laws ch. 149, § 29F