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TOCCI BUILDING CORPORATION v. IRIV PARTNERS, LLC

Nos. 21-P-393 & 21-P-733.

101 Mass. App. Ct. 133 (2022)

TOCCI BUILDING CORPORATION v. IRIV PARTNERS, LLC, & another (and a companion case).

Appeals Court of Massachusetts, Suffolk.

June 7, 2022.

Attorney(s) appearing for the Case

Roger L. Smerage & Bradley L. Croft ( Kirk J. McCormick also present) for the plaintiff.

Michael B. Donahue ( Adam M. Santeusanio also present) for the defendants.

Joel Lewin , Christopher W. Morog , Seth M. Pasakarnis , & Alexandra Gordon , for Construction Industries of Massachusetts, Inc., & another, amici curiae, submitted a brief.

Joseph A. Barra , for Associated Subcontractors of Massachusetts, Inc., amicus curiae, submitted a brief.

Present: Rubin, Kinder, & Ditkoff, JJ.

This case requires us to construe for the first time the provisions of the Prompt Payment Act, G. L. c. 149, § 29E (the act or statute). That statute applies to certain private contracts for construction with respect to projects for the erection, alteration, repair, or removal of buildings or structures, or for other improvement to...

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