Massachusetts prompt payment

Who and what this applies to

Covered private progress payments under chapter 149 §29E, and public-building periodic payments under chapter 30 §39K.

Thresholds and scope

Private coverage: owner original contract at least $3 million, lien-eligible under c.254 §§2/4, excluding one-to-four-unit dwellings. Public-building section 39K: contracts over $5,000 for the Commonwealth or over $2,000 for other listed public bodies.

The rules

• Private contracts must set reasonable progress-application periods no longer than 30 days for submission from the statutory starting point, 15 days for approval/rejection with permitted seven-day tier extensions, and 45 days after approval for payment, subject to the narrow lawful conditional-payment exceptions. Source
• A private application neither approved nor rejected in time is deemed approved unless rejected before payment is due. Rejection must state the factual and contractual basis in writing and be certified in good faith. Source
• For section 39K public-building contracts, periodic payment is due within 15 days after the contractor’s estimate, or 30 days for the Commonwealth including local housing authorities, subject to the section’s certification, correction and withholding provisions. Section 39G does not govern these contracts. Source

Primary sources

• M.G.L. c.149 §29E(a), (c), (e)
• M.G.L. c.149 §29E(c)
• M.G.L. c.30 §39K

Sources reviewed 2026-09-30. This guide covers the projects and rules stated above.

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