RIW President Bradley Croft was recently quoted in a Massachusetts Lawyers Weekly article regarding the Prompt Payment Act. In J.C. Cannistraro, LLC v. Columbia Construction Co., the Superior Court recently reversed an arbitration decision that allowed a party to seek recoupment of payments made under the Prompt Payment Act after failing to comply with the law.
A leading authority on the Prompt Payment Act after obtaining the first judgment under that statute in the 2022 landmark case Tocci Building Corporation v. IRIV Partners, LLC, Croft stated that Cannistraro is another reminder of the Act’s “pay-to-play” nature. “If an owner or a contractor has violated the statute but still wants to assert setoff claims or defenses to payment, it must pay the ‘deemed approved’ amounts at or before the time when it first seeks to assert such claims or defenses,” he said.
Read the full Massachusetts Lawyers Weekly article here and learn more about how owners and general contractors can set themselves up for success to comply with the Prompt Pay Act requirements here.
