Bill > H3385

This bill modifies the existing language in Massachusetts General Laws regarding fraud in public construction contracts by providing a more precise definition of fraud. Specifically, the bill replaces a general certification statement about a bid being "bona fide, fair and made without collusion or fraud" with a more detailed explanation of what constitutes fraud. Under the proposed definition, fraud would be considered a statement, act, or omission related to a material fact that: (1) has been relied upon to the detriment of the awarding authority or its representatives, (2) is knowingly false, misleading, or made with reckless disregard for its truth, and (3) is intended to mislead and has been demonstrated by clear and convincing evidence to have done so. This more comprehensive definition aims to provide clearer guidelines for identifying and prosecuting fraudulent behavior in public construction contract bidding, giving legal authorities a more specific framework for determining when a bid may be considered fraudulent.

Budget and Finance, Government Affairs

https://malegislature.gov/Bills/194/H3385