August 9, 2004—On July 19, Massachusetts Lt. Gov. Kerry Healey signed a widely supported construction reform bill into law. The most significant public construction-reform package in 25 years, it streamlines the process, saves tax dollars, and will prevent unnecessary delays in construction projects. The key elements of the law include:
- state certification of subcontractors and contractors
- a mandate for public agencies and municipalities to hire project managers for projects valued at $1.5 million or more
- required pre-qualification of general contractors and subcontractors on projects valued at $10 million or more
- permissible use of the construction-management-at-risk project-delivery method on projects costing $5 million or more
- permissible use of the design/build project-delivery method for horizontal projects valued at $5 million or more
- codification of participation goals for minority- and women-owned businesses on state projects and state-assisted projects
- increased thresholds for public bidding laws
- elimination of peer-review requirements
- application of uniform designer-selection processes at the municipal level
- removal of an exemption for two building authorities responsible for construction at the University of Massachusetts and other public colleges, a provision that many believe will make it more expensive to build on state campuses but would cut overall costs and significantly improve the state’s public buildings
The legislation has been in the works for about two years, and has been an effort marked by extraordinary collaboration by AIA Massachusetts and the Boston Society of Architects along with contractors, subcontractors, design professionals, and public officials. The effort was lead by a Special Commission on Public Construction Reform, a 19-member commission, including AIA-Massachusetts/BSA Legislative Affairs Committee Co-chair Russ Feldman, AIA. Feldman’s extraordinary commitment of time to this effort over many months was augmented by the work of two legislative advisers, former state senator George Bachrach and Paul Pezzella.
For more information on this newly enacted law, visit the Boston Society of Architects or call 617-951-1433.
—From AIAs Angle
