The Office of the Administrative Law Judge is established within the Massachusetts Department of Transportation to hear disputes arising from public contracts.
The Administrative Law Judge (ALJ) "shall hear all claims by contractors from determinations of the division; ... and shall, after hearing, render to the secretary a report of the matter including a recommendation as to the disposition of the claim." G.L. c.6C, s.40, as amended by St. 2009, c.25, s.8.
Stephen H. Clark
Administrative Law Judge
Office of the Administrative Law Judge
10 Park Plaza, Suite 6620
Boston, MA 02116
A contractor aggrieved by a final written decision of the department Engineer may appeal in writing to the ALJ, who holds a hearing and then writes a report and recommends a decision to the Secretary. The procedure to be followed in making appeals to the ALJ is set forth in the Standard Provisions for Highways and Bridges at Subsection 7.16.
The majority of appeals before the ALJ involve road and bridge contract disputes as, for example, contractor claims for additional payment due for extra work, alterations in the work, changed conditions, increased or decreased quantities and the like. Appeals may also arise from contractor petitions to the MassDOT Highway Division Administrator to favorably exercise her discretion-for example, to allow an equitable adjustment in the contract price for costs of delay not the fault of the contractor.
Subcontractor Direct Payment Demands
The ALJ rules on subcontractor direct payment demands brought under G.L. c.30, s.39F. Subcontractor direct payment demands should be sent certified mail and addressed to Director, Fiscal Operations of MassDOT, 10 Park Plaza, Room 5510, Boston, MA 02116-3973.
Massachusetts General Laws
Massachusetts Session Laws