Massachusetts General Laws

Mass. Gen. Laws ch. 149, § 27D (2026)

''Construction'' and ''constructed'' defined

✓ current as of July 2026

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Section 27D. Wherever used in sections twenty-six to twenty-seven C, inclusive, the words ''construction'' and ''constructed'' as applied to public buildings and public works shall include additions to and alterations of public works, the installation of resilient flooring in, and the painting of, public buildings and public works; certain work done preliminary to the construction of public works, namely, soil explorations, test borings and demolition of structures incidental to site clearance and right of way clearance; and the demolition of any building or other structure ordered by a public authority for the preservation of public health or public safety.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1999–2025 · leading case: O'Leary v. New Hampshire Boring, Inc., 176 F. Supp. 3d 4 (D. Mass. 2016).

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O'Leary v. New Hampshire Boring, Inc., 176 F. Supp. 3d 4 (D. Mass. 2016). “” M.G.L. c. 149, § 27D. An employer that pays less than the prevailing rate of wages violates the statute.”

Perlera v. Vining Disposal Serv., Inc., 713 N.E.2d 1017 (Mass. App. Ct. 1999). “41, § 69D (by-law may vest town board of public works with power over “maintenance and repair of town buildings and property”); G. L. c. 149, § 27D (painting of public works and public buildings subject to prevailing wage law); Felix A.”

Andrews v. Weatherproofing Tech., Inc., 277 F. Supp. 3d 141 (D. Mass. 2017). “” Mass. Gen. L. ch. 149, § 27D. The expanded definition of what constitutes an “addition” or “alteration” contained in the statute suggests that the Legislature intended that the terms be construed broadly.”

Nicholls v. Veolia Water Contract Operations USA, Inc. (1st Cir. 2025). · cites it 2× “See Mass. Gen. Laws ch. 149, § 27D (2024). It is part of a comprehensive statutory scheme setting out the process by which Massachusetts government entities solicit and enter into contracts for the provision of goods and services related to the construction of public works.”

Marsh v. Massachusetts Coastal R.R. LLC (Mass. 2023). “" G. L. c. 149, § 27D. Marsh alleges that "[s]ome of the work [he] performed at Public Works Projects, such as operating a backhoe to dig and/or tampers to tamp, required additions and/or alterations to public property and/or public works.”

O'Leary v. New Hampshire Boring, Inc. (D. Mass. 2018). “See M.G.L. c. 149, § 27D (“Construction or constructed shall include additions to and alterations of public work.”

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